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HYDE v. NORTH COLLINS CENTRAL SCHOOL DISTRICT

CA 10-02520.

83 A.D.3d 1557 (2011)

922 N.Y.S.2d 677

RENEE HYDE, Individually and as Parent and Natural Guardian of RACHAEL HYDE, an Infant, Respondent, v. NORTH COLLINS CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided April 29, 2011.

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

Memorandum: Plaintiff, individually and as parent and natural guardian of her daughter, commenced this action seeking damages for injuries sustained by her daughter when she slid into second base during a junior varsity softball game. We conclude that Supreme Court properly denied that part of defendant's motion to dismiss the complaint based on the theory of assumption of...

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