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MULLER EX REL. MULLER v. SPENCERPORT CENTRAL SCHOOL DISTRICT

55 A.D.3d 1388 (2008)

865 N.Y.S.2d 455

SCOTT MULLER et al., Individually and as Parents and Natural Guardians of AUDREY MULLER, an Infant, Respondents, v. SPENCERPORT CENTRAL SCHOOL DISTRICT, Appellant and Third-Party Plaintiff-Appellant. CATHERINE BOGGS, Third-Party Defendant-Respondent.

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

October 3, 2008.

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

Memorandum:

Plaintiffs commenced this action individually and as the parents of their daughter, a ninth-grade student who is a member of the junior varsity outdoor track and field team at Spencerport High School. At track practice, their daughter was struck in the head by a discus thrown by her teammate, third-party defendant, while plaintiffs' daughter was waiting...

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