Scavelli v. Town of Carmel

Duffy, J.,

dissents and votes to affirm the order of the Supreme Court, with the following memorandum: I disagree with the majority and would affirm the Supreme Court’s order insofar as it relates to the defendant Mahopac Central School District and, insofar as it relates to the defendant Jordan Maher, I would affirm on different grounds.

According to the infant plaintiff, he was injured when another student tripped him while they were participating in a new game, referred to as “speedball,” during gym class. The transcripts of the deposition testimony of Maher, the infant plaintiff, and the…