PENDULIK v. EAST HAMPTON UNION FREE SCHOOL DISTRICT


17 A.D.3d 334 (2005)

792 N.Y.S.2d 583

EDITH PENDULIK, Appellant, v. EAST HAMPTON UNION FREE SCHOOL DISTRICT et al., Respondents, et al., Defendants.

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

April 4, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

The 80-year-old plaintiff was invited into the "multi-purpose room" of the John M. Marshall Elementary School to attend an awards ceremony for her grandson's class. She was injured when a third-grade student who was attending a physical education class simultaneously conducted in the...

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