Marlowe v. Rush-Henrietta Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed on the law without costs, motion and cross motion granted. Memorandum: Plaintiff, a 17-year-old student at defendant school district, was participating in a baseball game when he was struck in the face and mouth by a baseball bat thrown by defendant Nesmith, a fellow student, after hitting the ball. The game occurred during a gym class voluntarily joined by plaintiff during his lunch break. The court erred in denying defendant Nesmith’s motion and defendant school district’s cross motion for summary judgment dismissing plaintiffs complaint. Plaintiff assumed the risk that a bat…
2Cases cited6 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- O'Neill v. DanielsAppellate Division of the Supreme Court of the State of New York · 1987
- Sutfin v. ScheuerNew York Court of Appeals · 1989
- O'Bryan v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
- Muniz v. Warwick School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Barton v. HapemanAppellate Division of the Supreme Court of the State of New York · 1998
- Navarro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Muller v. Spencerport Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
8 more not listed; retrieve them via the Exa API.