FRAIOLI v. CITY OF NEW ROCHELLE


6 A.D.3d 657 (2004)

775 N.Y.S.2d 559

DILLON FRAIOLI, Appellant, v. CITY OF NEW ROCHELLE, Defendant, and DANIEL WEBSTER SCHOOL et al., Respondents.

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

April 26, 2004.


Ordered that the order is affirmed, with costs.

On May 8, 2000, the infant plaintiff, then a third grade student at the respondent Daniel Webster School located in New Rochelle, allegedly was injured when he fell during a supervised gym class while participating in a parachute activity. The premises were owned by the respondent City of New Rochelle Board of Education.

A school has a duty to exercise the same degree of care toward its students as would a reasonably...

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