JANSEN v. ROOSEVELT UNION FREE SCHOOL DISTRICT


302 A.D.2d 495 (2003)

755 N.Y.S.2d 284

JOHANNES H. JANSEN, Appellant, v. ROOSEVELT UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided February 18, 2003.


Ordered that the judgment is affirmed, with costs.

On September 22, 1999, a student at Roosevelt High School attempted to move a volleyball stanchion, consisting of a pole and a base, from the floor of a hallway to permit the plaintiff access to a bathroom. As he did so, the pole separated from the base, and the base fell on the plaintiff's foot, causing injury.

The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint...

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