YOUNGS v. (and a third-party action). (1999)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated October 15, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed insofar as appealed from, with costs.

 The plaintiff testified at her deposition that she became involved in a fight with another student after she had been dismissed from school at approximately 2:45 P.M. on December 17, 1993.   The fight occurred off school property.   The plaintiff admittedly delivered the first blow.   Bearing in mind the general principle that a student who removes himself or herself from school grounds may “ ‘no longer look to the school district to protect him [or her]’ ” (Wenger v. Goodell, 220 A.D.2d 937, 632 N.Y.S.2d 865, quoting Bushnell v Berne-Knox-Westerlo School Dist., Sup.Ct., Albany County, Dec. 17, 1985, Hughes, J., slip opn., at 4, affd. 125 A.D.2d 859, 510 N.Y.S.2d 488;  see also, Phillips v. City of New York, 254 A.D.2d 339, 678 N.Y.S.2d 662;  Reed v. Pawling Cent. School Dist., 245 A.D.2d 281, 664 N.Y.S.2d 483;  Silver v. Cooper, 199 A.D.2d 255, 604 N.Y.S.2d 968), we conclude that the Supreme Court properly granted summary judgment dismissing the complaint.

MEMORANDUM BY THE COURT.