Opinion
July 12, 1996
Appeal from the Supreme Court, Nassau County, Murphy, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the motion of defendant Syosset Central School District (Syosset) for summary judgment dismissing the complaint against it. The record establishes that plaintiff was cheerleading for defendant Hicksville Union Free School District (Hicksville) at a basketball game hosted by Syosset when she fell to the gymnasium floor. The record also establishes that plaintiff's cheerleading activities were not under the direct control and supervision of Syosset and that cheerleading activities were regularly performed on gymnasium floors. Thus, because Syosset did not conceal or unreasonably increase the risks assumed by plaintiff by her voluntary participation in an extracurricular athletic activity, it is not liable for plaintiff's injuries ( see, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 656, 658; Greenberg v. North Shore Cent. School Dist. No. 1, 209 A.D.2d 669; Ferraro v. Town of Huntington, 202 A.D.2d 468).
We conclude, however, that the court properly denied the motion of defendant Hicksville for summary judgment dismissing the complaint against it because there is at least arguably a question of fact whether plaintiff's coach, an employee of Hicksville, failed to provide proper supervision of the cheerleading activities, thereby exposing plaintiff to unreasonably increased risks of injury ( see, Cody v. Massapequa Union Free School Dist. No. 23, 227 A.D.2d 368; Baker v Briarcliff School Dist., 205 A.D.2d 652, 654-655). We therefore modify the order by granting the motion of Syosset for summary judgment dismissing the complaint against it, and we also dismiss the cross claim against it.