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DIGIOSE v. BELLMORE-MERRICK CENTRAL HIGH SCHOOL DISTRICT

50 A.D.3d 623 (2008)

855 N.Y.S.2d 199

NICOLE DIGIOSE et al., Respondents, v. BELLMORE-MERRICK CENTRAL HIGH SCHOOL DISTRICT et al., Appellants.

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

Decided April 1, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The infant plaintiff, a high school sophomore with extensive cheerleading experience, was injured during cheerleading practice in her high school gym when the cheerleader that she was "spotting" fell without warning and knocked her to the floor. The plaintiffs allege that the defendants...

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