RODRIGUEZ v. RIVERHEAD CENTRAL SCHOOL DISTRICT

2010-08927.

85 A.D.3d 1147 (2011)

926 N.Y.S.2d 149

2011 NY Slip Op 5686

ALEXANDER RODRIGUEZ et al., Respondents, v. RIVERHEAD CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided June 28, 2011.


Ordered that the order is affirmed, with costs.

On June 3, 2008, the infant plaintiff, then a fourth-grade student at Aquebogue Elementary School, allegedly was injured in the school's cafeteria during regular school hours while rehearsing a break dancing routine for an upcoming school concert. The infant plaintiff, by his mother, and his mother, individually, commenced this action against the defendant to recover, among other things, damages for personal injuries...

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