BRAMSWIG v. PLEASANTVILLE MIDDLE SCHOOL

2009-00529

68 A.D.3d 1035 (2009)

2009 NY Slip Op 9603

891 N.Y.S.2d 160

SEAN BRAMSWIG, Respondent, v. PLEASANTVILLE MIDDLE SCHOOL et al., Appellants.

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

Decided December 22, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing so much of the first cause of action as was premised upon negligent instruction is granted.

The plaintiff Sean Bramswig was a 12-year-old seventh grader at the defendant Pleasantville Middle School at the time of the subject occurrence, and allegedly sustained injuries when a teammate struck him in...

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