LAMPHIER SR. v. ROME CITY SCHOOL DISTRICT


284 A.D.2d 989 (2001)

726 N.Y.S.2d 884

MARSHALL LAMPHIER, SR., as Parent and Natural Guardian of MARSHALL LAMPHIER, JR., Respondent, v. ROME CITY SCHOOL DISTRICT, Appellant.

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

Decided June 8, 2001.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Plaintiff commenced this action seeking damages for injuries sustained by his 12-year-old son during an intramural floor hockey game. Defendant met its initial burden of establishing that the injuries were the result of conduct inherent in the sport in which...

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