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MONFORT v. ROCKVILLE CENTRE UNION FREE SCHOOL DISTRICT

56 A.D.3d 480 (2008)

866 N.Y.S.2d 775

In the Matter of ELIZABETH MONFORT, Respondent, v. ROCKVILLE CENTRE UNION FREE SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 5, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

On March 30, 2007 the infant petitioner was running "laps around the track" during the course of a girls' varsity lacrosse team practice at South Side High School in Rockville Centre, when she was "blind-sided by a flying discus." She alleges that the discus was thrown by a member of the boys' junior varsity lacrosse team, and she is seeking...

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