ROSENTHAL v. ARLINGTON CENT. SCHOOL DIST.

0134/06.

2008 NY Slip Op 51492 (U)

ROBERT ROSENTHAL, as Parent and Natural Guardian of MAX ROSENTHAL An Infant, and ROBERT ROSENTHAL Individually, Plaintiffs, v. ARLINGTON CENTRAL SCHOOL DISTRICT, Defendant.

Supreme Court of the State of New York, Dutchess County.

Decided July 18, 2008.


Attorney(s) appearing for the Case

RICHARD J. BURKE, JR., ESQ., O'NEIL & BURKE, ESQS., Poughkeepsie, New York, Attorneys for Plaintiff.

JAMES L. MORAN, ESQ., BARRY, McTIERNAN & MOORE, ESQS., White Plains, New York, Attorneys for Defendant.


JAMES D. PAGONES, J.

The defendant moves for summary judgment dismissing the plaintiffs' complaint. The relevant facts are not in dispute on this application. The infant plaintiff, Max Rosenthal, was allegedly injured while participating in a game during gym class. The game involved hitting a foam-like ball with a plastic handled bat that had a foam head. Students who were awaiting their turn at bat were positioned by the teacher in a "safety zone" behind orange safety...

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