Gilbert v. Lyndonville Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant Lyndonville Central School District (Lyndonville) seeking summary judgment dismissing the complaint against it. Although Lyndonville established as a matter of law that plaintiff assumed the risks inherent in the game of volleyball by participating on Lyndonville’s varsity volleyball team, we conclude that plaintiff raised an issue of fact whether Lyndonville exposed her to “unassumed, concealed or unreasonably increased risks” by directing or allowing her to warm up in a hazardous…
2Cases cited2 opinions
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- Muller v. Spencerport Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Ulin v. Hobart & William Smith Colls.Appellate Division of the Supreme Court of the State of New York · 2018