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LARSON v. CUBA RUSHFORD CENTRAL SCHOOL DISTRICT

1346 CA 10-00885.

78 A.D.3d 1687 (2010)

912 N.Y.S.2d 827

MARGARET LARSON, as Parent and Natural Guardian of KATIE L. DESAUTELS, an Infant, Respondent, v. CUBA RUSHFORD CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided November 19, 2010.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her daughter when she fell while performing a stunt during cheerleading practice. Following discovery, defendants moved for summary judgment dismissing the complaint based on the doctrine of primary assumption of the risk. We conclude that Supreme Court properly denied the motion. As defendants...

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