GERFIN v. NORTH COLONIE CENTRAL SCHOOL DISTRICT


41 A.D.3d 1085 (2007)

838 N.Y.S.2d 265

GEOFFREY A. GERFIN, an Infant, by DONALD R. GERFIN, JR., His Parent and Guardian, et al., Respondents, v. NORTH COLONIE CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided June 21, 2007.


Spain, J.

In January 2003, plaintiff Geoffrey A. Gerfin (hereinafter plaintiff) was a sixth-grade student at Southgate Elementary School, which is part of defendant North Colonie Central School District. Plaintiff, who had been outside at recess playing in the snow, was chosen by a school aide to return a metal cart containing sports equipment to the gymnasium. He entered the school and had pushed the cart approximately 30 feet down the hall when he slipped and fell...

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