Legal Opinion
Testa v. East Meadow Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2012PublishedCited by 5 opinions
1Opinion of the Court
*941The plaintiffs commenced, this action to recover damages for personal injuries allegedly sustained by the infant plaintiff when she fell while performing a cheerleading stunt, which she had performed numerous times in the past. The defendant East Meadow Union Free School District (hereinafter the defendant) established its prima facie entitlement to judgment as a matter of law based on the defense of primary assumption of risk by demonstrating that the infant plaintiff assumed the risk of injury by voluntarily engaging in the activity of cheerleading with knowledge of its inherent risks (see…
2Cases cited9 opinions
- Doumanis v. ConzoAppellate Division of the Supreme Court of the State of New York · 1999
- Moffett v. GerardiAppellate Division of the Supreme Court of the State of New York · 2010
- DiGiose v. Bellmore-Merrick Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Hegy v. CollerAppellate Division of the Supreme Court of the State of New York · 1999
- Lomonico v. Massapequa Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farrell v. Marist Coll.Appellate Division of the Supreme Court of the State of New York · 2026
- Kristina D. v. Nesaquake Middle SchoolAppellate Division of the Supreme Court of the State of New York · 2012
- Kristina D. v. Nesaquake Middle SchoolAppellate Division of the Supreme Court of the State of New York · 2012
- Stach v. Warwick Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
- Stach v. Warwick Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013