Gerfin v. North Colonie Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Teresi, J.), entered March 30, 2006 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.
In January 2003, plaintiff Geoffrey A. Gerfin (hereinafter plaintiff) was a sixth-grade student at Southgate Elementary School, which is part of defendant North Colonie Central School District. Plaintiff, who had been outside at recess playing in the snow, was chosen by a school aide to return a metal cart containing sports equipment to the gymnasium. He entered the school and had pushed the cart approximately 30 feet…
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