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Gilbert v. Lyndonville Central School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 896 (N.Y. App. Div. 2001)

Opinion

(1016) CA 01-00670.

September 28, 2001.

Appeal from Order of Supreme Court, Orleans County, Punch, J. — Summary Judgment.)

PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE AND GORSKI, JJ.


Order unanimously affirmed without costs. Memorandum:

Supreme Court properly denied the motion of defendant Lyndonville Central School District (Lyndonville) seeking summary judgment dismissing the complaint against it. Although Lyndonville established as a matter of law that plaintiff assumed the risks inherent in the game of volleyball by participating on Lyndonville's varsity volleyball team, we conclude that plaintiff raised an issue of fact whether Lyndonville exposed her to "unassumed, concealed or unreasonably increased risks" by directing or allowing her to warm up in a hazardous location ( Weller v. Colleges of the Senecas, 217 A.D.2d 280, 283; see, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658).


Summaries of

Gilbert v. Lyndonville Central School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 896 (N.Y. App. Div. 2001)
Case details for

Gilbert v. Lyndonville Central School Dist

Case Details

Full title:TARA GILBERT, A MINOR, BY LYNNE GILBERT, PARENT AND NATURAL GUARDIAN…

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

Date published: Sep 28, 2001

Citations

286 A.D.2d 896 (N.Y. App. Div. 2001)
730 N.Y.S.2d 638

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