GERRY v. COMMACK UNION FREE SCHOOL DISTRICT


52 A.D.3d 467 (2008)

860 N.Y.S.2d 133

RUSSELL C. GERRY et al., Respondents, v. COMMACK UNION FREE SCHOOL DISTRICT et al., Appellants.

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

Decided June 3, 2008.


Ordered that the order is reversed, on the law, with one bill of costs, and the appellants' respective motions for summary judgment dismissing the complaint and all cross claims insofar as asserted against them are granted.

The infant plaintiff Russell C. Gerry (hereinafter Gerry) allegedly was injured when he was hit with a shot that had been thrown by the defendant Robert Dantone while the two were participating in a high school track and field meet at Commack High...

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