ROBINSON v. NEW YORK CITY DEPARTMENT OF EDUCATION

Nos. 7265, 16870/06.

94 A.D.3d 428 (2012)

941 N.Y.S.2d 123

2012 NY Slip Op 2439

DEAN ROBINSON, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Formerly Known as the BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

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

Decided April 3, 2012.


Plaintiff seeks recovery for injuries sustained while playing basketball in a school gymnasium while participating in an after-school program. After "clapping" the basketball backboard with his right hand, plaintiff, who was 14-years old at the time, caught his middle finger on a V-shaped pinch point, in a metal cage, located about one foot away from the backboard.

Plaintiff's sports and recreational safety expert, whose testimony was uncontroverted, testified that...

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