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KINGSTON v. CARDINAL O'HARA HIGH SCHOOL

1034 CA 15-02041.

144 A.D.3d 1672 (2016)

2016 NY Slip Op 07798

41 N.Y.S.3d 834

PATRICK KINGSTON, Appellant, v. CARDINAL O'HARA HIGH SCHOOL et al., Respondents.

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

Decided November 18, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained during a professional wrestling performance. Supreme Court denied his motion for partial summary judgment seeking a determination that Arts and Cultural Affairs Law § 37.09 (1) applies to this action, and granted the cross motions of defendants...

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