Aiello v. Smithtown Central School District

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated October 3, 2002, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff sustained injuries when, in the course of playing soccer during recess, she was struck in the eye with a ball that ricocheted off another student player.

Contrary to the plaintiffs’ contention, the alleged inadequate…