CAPOTOSTO v. ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE


2 A.D.3d 384 (2003)

767 N.Y.S.2d 857

TINA CAPOTOSTO et al., Respondents, v. ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE et al., Appellants.

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

December 1, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On April 22, 1997, the infant plaintiff, then eight years old and in the third grade, was injured while playing two-hand touch football with three other boys on the playground of his school, the defendant Saint Patrick's School (hereinafter the school). The injury occurred during supervised lunchtime recess at the school, when the infant plaintiff, in...

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