KRISTINA D. v. NESAQUAKE MIDDLE SCHOOL

2011-10927.

98 A.D.3d 600 (2012)

949 N.Y.S.2d 745

2012 NY Slip Op 5955

KRISTINA D. et al., Respondents, v. NESAQUAKE MIDDLE SCHOOL, Defendant, and SMITHTOWN CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided August 15, 2012.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Smithtown Central School District and Alyssa Papesca for summary judgment dismissing the complaint insofar as asserted against them is granted.

The infant plaintiff, an experienced middle school cheerleader, allegedly was injured during cheerleading practice when she fell during the performance of a "shoulder stand," a stunt she had performed many times in the past. The plaintiffs...

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