KANE v. NORTH COLONIE CENTRAL SCHOOL DISTRICT


273 A.D.2d 526 (2000)

708 N.Y.S.2d 203

PATRICIA A. KANE, as Parent and Guardian of EMMALEE KANE, an Infant, Appellant, v. NORTH COLONIE CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided June 8, 2000.


Spain, J.P.

Plaintiff commenced this action to recover damages arising out of an ankle injury sustained by her daughter, Emmalee Kane, who tripped and fell during an indoor track practice conducted in a hallway in defendant's high school building. After joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint. Supreme Court concluded that, by voluntarily participating in the sport of...

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