McCollin v. Roman Catholic Archdiocese

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered June 8, 2006, which granted defendants’ motion for *479summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted in this action, where the infant plaintiff, an eighth-grade student at defendant school, was injured during the course of a basketball practice when a ninth-grader, who was a recent graduate of the school and at the practice to assist the school’s basketball coach, kicked infant plaintiff in the face. Defendants made a prima facie case of entitlement to…