Lamphier v. Rome City School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff commenced this action seeking damages for injuries sustained by his 12-year-old son during an intramural floor hockey game. Defendant met its initial burden of establishing that the injuries were the result of conduct inherent in the sport in which plaintiff’s son voluntarily participated (see generally, Turcotte v Fell, 68 NY2d 432, 438-439). Plaintiff failed to raise an issue of…
2Cases cited6 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Alexander v. Kendall Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Stackwick v. Young Men's Christian Ass'n of Greater RochesterAppellate Division of the Supreme Court of the State of New York · 1997
- Braun v. Davos Resort, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by2 opinions
- Morlock v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
- Conteh v. Majestic FarmsAppellate Division of the Supreme Court of the State of New York · 2002