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GILBERT v. LYNDONVILLE CENTRAL SCHOOL DISTRICT

286 A.D.2d 896 (2001)

730 N.Y.S.2d 638

TARA GILBERT, an Infant, by LYNNE GILBERT, Her Parent and Natural Guardian, Respondent, v. LYNDONVILLE CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendants.

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

Decided September 28, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant Lyndonville Central School District (Lyndonville) seeking summary judgment dismissing the complaint against it. Although Lyndonville established as a matter of law that plaintiff assumed the risks inherent in the game of volleyball by participating on Lyndonville's varsity volleyball team, we conclude that plaintiff raised an issue of fact whether Lyndonville...

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