ALBERT ODEKIRK v. BELLMORE-MERRICK CENTRAL SCHOOL DISTRICT


70 A.D.3d 910 (2010)

895 N.Y.S.2d 184

CHARLES NICHOLAS ALBERT ODEKIRK et al., Respondents, v. BELLMORE-MERRICK CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided February 16, 2010.


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

On March 30, 2006, the infant plaintiff (hereinafter the plaintiff) was injured while playing a game of floor hockey during his physical education class. According to the plaintiff, he was struck on his left hand by the blade of an opposing player's hockey stick. The incident occurred accidently and without warning despite...

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