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ZALEWSKI v. EAST ROCHESTER BD. OF EDUC.

1224 CA 20-00633.

193 A.D.3d 1426 (2021)

147 N.Y.S.3d 826

2021 NY Slip Op 02700

Alexander Zalewski, Respondent, v. East Rochester Board of Education et al., Appellant.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

OSBORN, REED & BURKE, LLP, ROCHESTER ( RICHARD C. BRISTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

DOLCE PANEPINTO, P.C., BUFFALO ( SEAN E. COONEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Troutman, Bannister and DeJoseph, JJ.

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

Memorandum: In this negligence action, plaintiff seeks damages for injuries he sustained while participating in a water polo game as part of a physical education class at East Rochester Junior/Senior High School. During that game, plaintiff was injured when his head hit the bottom of the swimming pool after contact occurred between...

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