BAKER v. TRINITY-PAWLING SCHOOL


21 A.D.3d 272 (2005)

800 N.Y.S.2d 10

RAYON BAKER, Respondent, v. TRINITY-PAWLING SCHOOL, Appellant, et al., Defendant. TRINITY-PAWLING SCHOOL, Third-Party Plaintiff, v. HOTCHKISS SCHOOL, Third-Party Defendant-Appellant.

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

August 11, 2005.


This is a personal injury action in which plaintiff, a student basketball player at Hotchkiss, alleges that he was injured as the result of an assault by Carl Elliott, a student basketball player at Trinity. The assault followed a basketball game between the two schools at Hotchkiss on February 12, 2000. Plaintiff testified at a deposition that he was unaware of any rivalry between the schools and that he had never been cited for...

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