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DWYER v. DIOCESE OF ROCKVILLE CENTRE

45 A.D.3d 527 (2007)

845 N.Y.S.2d 126

CHRISTOPHER JAMES DWYER et al., Appellants, v. DIOCESE OF ROCKVILLE CENTRE, Respondent, et al., Defendant.

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

Decided November 7, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Christopher James Dwyer, a high school student, was injured while playing "spring league basketball" in the gymnasium of the school operated by the defendant St. Bernard's Roman Catholic Church (hereinafter the defendant), when his hand struck a pane of glass in a door and caused the pane to shatter. Thereafter, Christopher's mother, the plaintiff Helena Dwyer, commenced the instant...

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