MASTROPOLO III v. GOSHEN CENTRAL SCHOOL DISTRICT

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Supreme Court, Appellate Division, Second Department, New York.

Salvatore MASTROPOLO III, etc., et al., respondents, v. GOSHEN CENTRAL SCHOOL DISTRICT, appellant.

Decided: May 29, 2007

ROBERT A. SPOLZINO, J.P., ANITA R. FLORIO, PETER B. SKELOS, and WILLIAM E. McCARTHY, JJ. O'Connor, McGuinness, Conte, Doyle & Oleson, White Plains, N.Y. (Montgomery L. Effinger of counsel), for appellant. Finkelstein & Partners, LLP, Newburgh, N.Y. (Kristine M. Cahill of counsel), for respondents.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Orange County (Alessandro, J.), dated August 30, 2006, which denied its motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendant school district established its entitlement to summary judgement by showing that the sole proximate cause of the infant plaintiff's injury was his jumping up and swinging from the pipes supporting the basketball backboard, in knowing violation of school rules (see Maillet v. Campbell, 280 A.D.2d 526, 720 N.Y.S.2d 203;  Ascher v. Scarsdale School Dist., 267 A.D.2d 339, 700 N.Y.S.2d 210;  see also Marchetti v. East Rochester Cent. School Dist., 26 A.D.3d 881, 808 N.Y.S.2d 877;  Ruggerio v. Board of Educ. of City of Jamestown, 31 A.D.2d 884, 298 N.Y.S.2d 149).   In opposition, the plaintiffs failed to raise a triable issue of fact (see generally Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572).

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