Benson v. Cohoes School Board

OPINION OF THE COURT

Joseph Harris, J.

Defendants move, inter alia, to dismiss plaintiffs’ complaint upon the ground that this court lacks subject matter jurisdiction (CPLR 3211, subd [a], par 2).

Plaintiffs seek damages for personal injuries sustained by infant plaintiff while participating in the activities of a physical education class in a school operated by defendants. Plaintiffs’ complaint avers that infant plaintiff fell during said class, suffering injury to his head, neck, limbs and other parts of his body. Three "causes of action”, denominated by plaintiffs as "separate and distinct”,…