Majority
p. 879Aledia Givens, Individually and as Administratrix of the Estate of Stephne J. Givens, Deceased, Respondent, v Rochester City School District, Appellant, et al., Defendants. [718 NYS2d 916]
Order unanimously affirmed without costs. Memorandum: Contrary to the contention of defendant Rochester City School District, Supreme Court properly determined based on our decision in Givens v Rochester City School Dist. ( 262 AD2d 933 ) that the doctrine of primary assumption of risk is not applicable to this case. As we previously determined, plaintiffs decedent did not assume the risk of her injury as a matter of law (see, Givens v Rochester City School Dist., supra, at 933-934 ). (Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Reargument.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.
Cases cited
- Givens v. Rochester City School District 262 AD2d 933 p. 879