ROYAL v. CITY OF SYRACUSE


309 A.D.2d 1284 (2003)

765 N.Y.S.2d 560

RAQUEL ROYAL, an Infant, et al., Respondents, v. CITY OF SYRACUSE et al., Appellants.

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

Decided October 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of defendants' motion to dismiss the complaint, treated by the court as a motion for summary judgment (see CPLR 3211 [c]), addressed to the claim for negligent supervision. The infant plaintiff, a high school cheerleader, was injured at cheerleading practice when she fell while demonstrating...

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