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McCOLLIN, JR. v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK

45 A.D.3d 478 (2007)

846 N.Y.S.2d 158

DAVID McCOLLIN, JR., an Infant, by His Parent and Natural Guardian, DAVID McCOLLIN, SR., et al., Appellants, v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK et al., Respondents.

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

Decided November 27, 2007.

Dismissal of the complaint was warranted in this action, where the infant plaintiff, an eighth-grade student at defendant school, was injured during the course of a basketball practice when a ninth-grader, who was a recent graduate of the school and at the practice to assist the school's basketball coach, kicked infant plaintiff in the face. Defendants made a prima facie case of entitlement to summary judgment by establishing that the infant plaintiff's injuries were the...

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