Davis v. Kellenberg Memorial High School

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau *294County (Parga, J.), dated June 8, 2000, 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 injured plaintiff was a student at the defendant high school. While waiting after school for his mother, he and some other students, who were standing on top of a concrete bench, began rocking the bench by shifting their weight. The injured…