SCAVELLI v. TOWN OF CARMEL

2013-04665

131 A.D.3d 688 (2015)

15 N.Y.S.3d 214

2015 NY Slip Op 06666

JONATHAN SCAVELLI, an Infant, by His Parent and Natural Guardian, LORI SCAVELLI, et al., Respondents, v. TOWN OF CARMEL, Defendant, and MAHOPAC CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided August 26, 2015.


Ordered that the order is reversed, on the law, with one bill of costs, and the appellants' separate motions for summary judgment dismissing the complaint insofar as asserted against each of them are granted.

The plaintiff Jonathan Scavelli (hereinafter the infant plaintiff) allegedly was injured during a "speedball" game conducted in an eighth-grade physical education class at Mahopac Middle School. According to the infant plaintiff, he was injured when a fellow...

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