LEO v. MT. ST. MICHAEL ACADEMY


272 A.D.2d 145 (2000)

708 N.Y.S.2d 372

ANTONIO LEO, an Infant, by His Parent and Natural Guardian, PASQUALE LEO, et al., Respondents, v. MT. ST. MICHAEL ACADEMY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 11, 2000.


The complaint alleges that, on October 23, 1995 at 11:00 A.M., Antonio Leo, then 16 years old, slipped on a stairway sustaining a severe sprain of the right ankle. At his examination before trial, the infant plaintiff alleged that the stairs were worn and that water accumulated from students tracking it in on their shoes because it was raining on the day of the accident.

In support of its motion for summary judgment dismissing the complaint, defendant submitted meteorological...

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