Legal Opinion
Smith v. J.H. West Elementary School
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2008PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered March 5, 2007, which granted the motion of the defendants J.H. West Elementary School and Elainedge School District for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the respondents’ motion for summary judgment dismissing the complaint is denied.
In June 2005 the infant plaintiff, who was participating in a “backward” relay race organized by his school as part of a field day,…
2Cases cited8 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Joseph v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- Bukowski v. Clarkson UniversityAppellate Division of the Supreme Court of the State of New York · 2011
- Hanson v. Sewanhaka Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 2017
- Mazze v. Manhattanville Coll.Appellate Division of the Supreme Court of the State of New York · 2024
- Rabito v. Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2026
- Scavelli v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2015