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MUNIZ v. WARWICK SCHOOL DISTRICT

293 A.D.2d 724 (2002)

743 N.Y.S.2d 113

MARC MUNIZ et al., Respondents, v. WARWICK SCHOOL DISTRICT, Appellant, et al., Defendant.

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

Decided April 29, 2002.

Ordered that the order is affirmed, with costs.

The infant plaintiff Marc Muniz was voluntarily participating in a softball game during a physical education class at Warwick High School. He was the "on-deck" batter when he was struck in the head by a baseball bat that was released by a fellow student, the defendant Mitchell Jacobson, after hitting the ball. The defendant Warwick School District (hereinafter the District) subsequently moved for summary judgment dismissing...

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