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TRUPIA v. LAKE GEORGE CENT.

62 A.D.3d 67 (2009)

875 N.Y.S.2d 298

LUKE ANTHONY TRUPIA, an Infant, By His Parent and Guardian, LAWRENCE C. TRUPIA, et al., Appellants, v. LAKE GEORGE CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided March 5, 2009.

Attorney(s) appearing for the Case

Ledwith & Atkinson, Lynbrook (Peter K. Ledwith of counsel), for appellants.

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Karla Williams Buettner of counsel), for respondents.

ROSE, LAHTINEN, KANE and MALONE JR., JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In July 2002, plaintiff Luke Anthony Trupia (hereinafter plaintiff) was injured while participating in a summer school program administered by defendants. During a break between classes, plaintiff attempted to slide down the banister of a stairway and fell, landing at the bottom of the stairwell. As a result, plaintiff sustained a skull fracture and brain injury, causing retrograde amnesia. Thereafter, plaintiff and his...

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