Legal Opinion

Brian O. v. Riverhead Central School District

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 2012PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover *1087damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated November 15, 2010, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the sudden and spontaneous collision between the infant plaintiff and a fellow student while playing softball in a physical education class could not have been prevented by the most…

2Cases cited4 opinions

  1. Paragas v. Comsewogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ronan v. School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  3. Scarito v. St. Joseph Hill AcademyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Lizardo v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Diaz v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2013
  2. Diaz v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2013

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