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MILEA v. OUR LADY OF MIRACLES ROMAN CATHOLIC CHURCH

290 A.D.2d 424 (2002)

736 N.Y.S.2d 84

BRIAN MILEA et al., Appellants, v. OUR LADY OF MIRACLES ROMAN CATHOLIC CHURCH, Doing Business as OUR LADY OF MIRACLES SCHOOL, Respondent.

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

Decided January 14, 2002.

Ordered that the judgment is affirmed, with costs.

The infant plaintiff, a member of the defendant's seventh grade basketball team, sustained an injury when he landed on a metal cross bar attached to a portable basketball hoop while playing basketball in the defendant's gym/auditorium. He and his father commenced this action against the defendant, alleging that it failed to use reasonable care in maintaining the portable hoop on the floor. At the close of the plaintiffs...

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