D'Angelo v. Board of Education of North Tonawanda City School District

Appellate Division of the Supreme Court of New York

D'Angelo v. Board of Education of North Tonawanda City School District

300 A.D.2d 1078, 752 N.Y.S.2d 579

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

DecidedDecember 30, 2002

StatusPublished

Cited by2 cases

This text of 300 A.D.2d 1078 (D'Angelo v. Board of Education of North Tonawanda City School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D'Angelo v. Board of Education of North Tonawanda City School District, 300 A.D.2d 1078, 752 N.Y.S.2d 579 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered November 28, 2001, which denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. The infant plaintiff, a high school cheerleader, was injured during a cheerleading practice being held in the school’s foyer. Although defendant met its initial burden by establishing that the infant plaintiff “assumed the risks associated [with] this voluntary extracurricular sport” (Weber v Floyd School Dist., UFSD, 272 AD2d 396, 397; see generally Benitez v New York City Bd. of Educ., 73 NY2d 650, 658), we conclude that plaintiffs raised a triable issue of fact whether the infant plaintiff was exposed to “unreasonably increased risks of injury” (Sheehan v Hicksville Union Free School Dist., 229 AD2d 1026, 1026; see also Cody v Massapequa Union Free School Dist. No. 23, 227 AD2d 368, 369). Present — Pine, J.P., Wisner, Scudder, Kehoe and Burns, JJ.

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—Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered November 28, 2001, which denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. The infant plaintiff, a high school cheerleader, was injured during a cheerleading practice being held in the school’s foyer. Although defendant met its initial burden by establishing that the infant plaintiff “assumed the risks associated [with] this voluntary extracurricular sport” (Weber v Floyd School Dist., UFSD, 272 AD2d 396, 397; see generally Benitez v New York City Bd. of Educ., 73 NY2d 650, 658), we conclude that plaintiffs raised a triable issue of fact whether the infant plaintiff was exposed to “unreasonably increased risks of injury” (Sheehan v Hicksville Union Free School Dist., 229 AD2d 1026, 1026; see also Cody v Massapequa Union Free School Dist. No. 23, 227 AD2d 368, 369). Present — Pine, J.P., Wisner, Scudder, Kehoe and Burns, JJ.

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Bluebook (online)

300 A.D.2d 1078, 752 N.Y.S.2d 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dangelo-v-board-of-education-of-north-tonawanda-city-school-district-nyappdiv-2002.

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