Legal Opinion
Driever v. Spackenkill Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2005PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated April 12, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A school district remains under a duty to exercise ordinary reasonable care to protect student athletes involved in extracurricular sports from unreasonably increased risks (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 658 [1989]). While the infant plaintiff voluntarily participated in cheerleading…
2Cases cited6 opinions
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Baker v. Briarcliff School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
- Sheehan v. Hicksville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Weinblatt v. Eastchester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Cody v. Massapequa Union Free School District No. 23Appellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lauri v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Kremerov v. Forest View Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Williams v. Clinton Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
- Kremerov v. Forest View Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2005