MacNIVEN v. EAST HAMPTON UNION FREE SCHOOL DISTRICT


62 A.D.3d 760 (2009)

878 N.Y.S.2d 449

CORY MacNIVEN et al., Respondents, v. EAST HAMPTON UNION FREE SCHOOL DISTRICT, Appellant, et al., Defendants.

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

Decided May 12, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant East Hampton Union Free School District which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

On January 26, 2006, the infant plaintiff, who was then a junior at East Hampton High School and a member of the school's winter track team (hereinafter the team), allegedly sustained injuries when...

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