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LEUVAN v. RONDOUT VALLEY CENTRAL SCHOOL DISTRICT

20 A.D.3d 645 (2005)

798 N.Y.S.2d 770

NANCY VAN LEUVAN, Individually and as Parent and Guardian of GARY VAN LEUVAN, an Infant, Appellant, v. RONDOUT VALLEY CENTRAL SCHOOL DISTRICT, Respondent.

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

July 7, 2005.

Carpinello, J.

Plaintiff commenced this action to recover damages for an injury sustained by her son, Gary Van Leuvan, during seventh grade when another student, Charles Kelsey, kicked him in the knee on the playground. Supreme Court properly granted summary judgment to defendant and dismissed the complaint. Accordingly, we affirm.

The record reveals that Van Leuvan and Kelsey, along with a few other students, engaged in a snowball fight toward the end of...

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