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BECKER v. LITZENBERGER

13-283

44 Misc.3d 720 (2014)

989 N.Y.S.2d 8231

2014 NY Slip Op 24185

KATHERINE A. BECKER, Individually and as Mother and Natural Guardian of DANAE BECKER, an Infant, Plaintiff, v. PHYLLIS LITZENBERGER, Defendant.

Supreme Court, Cortland County.

Decided July 10, 2014.

Attorney(s) appearing for the Case

Goris & O'Sullivan, LLC, Cazenovia ( Mark D. Goris of counsel), for defendant.

Holmberg Galbraith, LLP, Ithaca ( Dirk A. Galbraith of counsel), for plaintiff.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

The relevant facts in this case are undisputed. The infant plaintiff, Danae, who was then 15 years old, attended a practice for her lacrosse team at the J.M. McDonald Center on November 17, 2011. Defendant was an assistant coach for Danae's team and also for another team comprised of younger girls. Danae arrived for practice at approximately 7:45 p.m., while defendant was coaching the younger team's practice session...

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