Cusano v. Board of Education
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when he collided with another student while participating in a lacrosse game in the gymnasium at Soule Road Middle School. The game took place in the interval between the end of plaintiff’s gym class and the beginning of the next period. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. The record establishes that plaintiff voluntarily participated in the game and that defendant breached no duty
Case-law data current through December 31, 2025. Source: CourtListener bulk data.