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MASTROPOLO III v. GOSHEN CENTRAL SCHOOL DISTRICT

40 A.D.3d 1053 (2007)

837 N.Y.S.2d 236

SALVATORE MASTROPOLO III et al., Respondents, v. GOSHEN CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided May 29, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendant school district established its entitlement to summary judgment by showing that the sole proximate cause of the infant plaintiff's injury was his jumping up and swinging from the pipes supporting the basketball backboard, in knowing violation of school rules (see Maillet v Campbell, 280 A.D.2d 526...

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