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DOYLE v. BINGHAMTON CITY SCHOOL DISTRICT

60 A.D.3d 1127 (2009)

874 N.Y.S.2d 607

THOMAS M. DOYLE, as Parent of HARRISON DOYLE, an Infant, Appellant, v. BINGHAMTON CITY SCHOOL DISTRICT, Respondent.

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

Decided March 5, 2009.

CARDONA, P.J.

On January 8, 2004, fourth-grader Harrison Doyle was injured while playing freeze tag in a physical education class held in the gymnasium of one of defendant's elementary schools in the City of Binghamton, Broome County. The incident occurred when, after Doyle was apparently accidentally knocked to the ground by a fellow classmate in the course of play, a different classmate tripped over him as he was trying...

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