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Fisher v. Syosset Central School District

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 438 (N.Y. App. Div. 1999)

Opinion

August 16, 1999.

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).


Ordered that the order is affirmed, with costs.

The infant plaintiff (hereinafter the plaintiff), who voluntarily participated in extracurricular, school-sponsored cheerleading activities, hurt her thumb while practicing a maneuver she had performed many times before. At the time of her accident, the plaintiff, an experienced cheerleader, was assigned another student to protect her and break her fall, and the entire cheerleading team was being supervised by its coach.

Under the circumstances, the plaintiff assumed the risks of the sport in which she voluntarily engaged, including the obvious risk that she might fall onto the hard floor where the team was practicing ( see, e.g., Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658; Maddox v. City of New York, 66 N.Y.2d 270; Kennedy v. Rockville Centre Union Free School Dist., 186 A.D.2d 110; La Mountain v. South Colonie Cent. School Dist., 170 A.D.2d 914).

Ritter, J. P., Thompson, Altman and Friedmann, JJ., concur.


Summaries of

Fisher v. Syosset Central School District

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 438 (N.Y. App. Div. 1999)
Case details for

Fisher v. Syosset Central School District

Case Details

Full title:PAMELA FISHER et al., Appellants, v. SYOSSET CENTRAL SCHOOL DISTRICT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 16, 1999

Citations

264 A.D.2d 438 (N.Y. App. Div. 1999)
694 N.Y.S.2d 691

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