SCHLEIN v. WHITE PLAINS CITY SCHOOL DISTRICT


292 A.D.2d 367 (2002)

738 N.Y.S.2d 597

RONIT D. SCHLEIN, Appellant, v. WHITE PLAINS CITY SCHOOL DISTRICT et al., Respondents.

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

Decided March 4, 2002.


Ordered that the order is affirmed, with costs.

When the plaintiff was a seven-year-old student in the defendant White Plains City School District, she was injured during a mandatory physical education class conducted by the defendant Jeffrey Miller. She was retrieving an errantly-thrown volleyball and ran into an unpadded cinderblock wall in the gymnasium.

A school is not an insurer of the safety of its students, but rather, "is obligated to exercise such...

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