MURPHY v. FAIRPORT CENTRAL SCHOOL DISTRICT


48 A.D.3d 1037 (2008)

850 N.Y.S.2d 752

CLAUDIA MURPHY, Individually and as Parent and Natural Guardian of PETER MURPHY, an Infant, Respondent, v. FAIRPORT CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries sustained by her son while he was using a weight machine in the fitness center during a physical education class. Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Contrary to the contention of defendants, they failed to establish as a matter of law...

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