Carpinello, J.
Plaintiffs, individually and as the parents of Brandon Henry, seek to recover for a fractured kneecap he sustained in the cafeteria of the Cobleskill-Richmondville High School on March 26, 2001. On that day, Henry, then a sophomore, was eating lunch with a group of students, one of whom was defendant Ryan Pierce. After a few unsuccessful attempts by Pierce to get Henry to dispose of his empty paper plate, Henry decided to move to another table.
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