GIBBONS v. PINE BUSH CENT. SCH. DIST.

2012-01244.

97 A.D.3d 724 (2012)

948 N.Y.S.2d 664

2012 NY Slip Op 5612

GREGORY GIBBONS, an Infant, by His Parent and Natural Guardian, SCOTT GIBBONS, et al., Respondents, v. PINE BUSH CENTRAL SCHOOL DISTRICT, Appellant.

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

July 18, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The infant plaintiff allegedly sustained personal injuries when he was struck in the right eye by a shuttlecock while playing badminton during his high school physical education class. The infant plaintiff and his father, suing derivatively, commenced this action against the defendant. The Supreme Court denied the defendant...

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