Mastropolo v Goshen Cent. School Dist.

Supreme Court, Appellate Division, Second Department, New YorkMay 29, 200740 A.D.3d 1053837 N.Y.S.2d 236

New York Official Reports
40 A.D.3d 1053, 837 N.Y.S.2d 236, 221 Ed. Law Rep. 285, 2007 N.Y. Slip Op. 04607
*1 Salvatore Mastropolo III et al., Respondents
v
Goshen Central School District, Appellant.
Supreme Court, Appellate Division, Second Department, New York
2006-09839, 425/05
May 29, 2007
CITE TITLE AS: Mastropolo v Goshen Cent. School Dist.
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 judgment 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 AD2d 526 [2001]; Ascher v Scarsdale School Dist., 267 AD2d 339 [1999]; see also Marchetti v East Rochester Cent. School Dist., 26 AD3d 881 [2006]; Ruggerio v Board of Educ. of City of Jamestown, 31 AD2d 884 [1969]). In opposition, the plaintiffs failed to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Spolzino, J.P., Florio, Skelos and McCarthy, JJ., concur.
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