STOUGHTENGER v. HANNIBAL CENT. SCHOOL DIST.

CA 11-00732.

2011 NY Slip Op 09751

TORREY J. STOUGHTENGER, PLAINTIFF-APPELLANT-RESPONDENT, v. HANNIBAL CENTRAL SCHOOL DISTRICT AND BOARD OF EDUCATION OF HANNIBAL CENTRAL SCHOOLS, DEFENDANTS-RESPONDENTS-APPELLANTS.

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

Decided December 30, 2011.


Attorney(s) appearing for the Case

JOHN M. MURPHY, JR. , PHOENIX, FOR PLAINTIFF-APPELLANT-RESPONDENT.

LYNCH LAW OFFICE, SYRACUSE, CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER, UNIONDALE ( KATHLEEN D. FOLEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.


It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of plaintiff's motion to strike the affirmative defense of primary assumption of risk and as modified the order is affirmed without costs.

Memorandum: Plaintiff's mother commenced this action on behalf of plaintiff seeking damages for injuries he sustained while participating in a wrestling unit in defendants' compulsory physical education class. At the time...

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