FULGER v. CAPITAL DISTRICT YMCA


42 A.D.3d 694 (2007)

840 N.Y.S.2d 200

JULIE FULGER, Individually and as Parent and Guardian of JONAH M. FULGER, an Infant, Appellant, v. CAPITAL DISTRICT YMCA et al., Respondents.

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

Decided July 12, 2007.


Crew III, J.P.

In October 2003, plaintiff's then seven-year-old son, Jonah, was injured while playing a game of catch as part of the "Y Time" after-school program operated by defendants. Prior to this incident, Jonah and approximately 10 other children were playing "ultimate football," a no-contact form of football that was being supervised by defendants' employee, Michael Ruzza. As the afternoon wore on, the number of participants dwindled and, eventually, Ruzza...

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