DeGala v. Xavier High School

—Order, Supreme Court, New York County (William J. Davis, J.), entered on or about September 21, 1993, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Questions of material fact remain as to whether the defendant school failed to protect plaintiff from "unassumed, concealed or unreasonably increased risks” regarding the wrestling practice drills (Benitez v New York City Bd. of Educ., 73 NY2d 650, 658). Although plaintiff was an experienced wrestler, the record indicates that he was unfamiliar with a rule in the…