Schlein v. White Plains City School District

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered January 30, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

When the plaintiff was a seven-year-old student in the defendant White Plains City School District, she was injured during a mandatory physical education class conducted by the defendant Jeffrey Miller. She was retrieving an errantlythrown volleyball and ran into an unpadded cinderblock wall in…