TALYANNA S. v. MOUNT VERNON CITY SCHOOL DISTRICT

2012-00052.

97 A.D.3d 561 (2012)

948 N.Y.S.2d 103

2012 NY Slip Op 5406

TALYANNA S. et al., Respondents, v. MOUNT VERNON CITY SCHOOL DISTRICT, Appellant.

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

July 5, 2012.


Ordered that the order is affirmed, with costs.

The infant plaintiff, who was then a fourth-grade student at Graham Elementary School in the Mount Vernon City School District, was in a physical education class participating in a "fitness stations" exercise on the day she allegedly sustained an injury. According to the physical education teacher's deposition testimony, the teacher had set up six to seven activities spread out throughout the school's gymnasium, whereby...

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