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SAMUEL ASCHER, etc., et al., appellants, v. SCARSDALE SCHOOL DISTRICT, respondent, et al., defendant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly awarded the defendant Scarsdale School District summary judgment dismissing the complaint insofar as asserted against it. The infant plaintiff's sudden, unforseeable, unsuccessful attempt to perform a so-called "back flip" dismount from a moving playground swing while his teacher's back was turned was the sole proximate cause of his injuries (see, Matter of Banks v. City School Dist. of Albany, 257 A.D.2d 723 ; Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880 ; Griffin v. Lardo, 247 A.D.2d 825 ;Barretto v. City of New York, 229 A.D.2d 214 ; Tomlinson v. Board of Educ. of City of Elmira, 183 A.D.2d 1023 ).

The plaintiffs' remaining contentions are without merit.

BRACKEN, J.P., S. MILLER, ALTMAN, and LUCIANO, JJ., concur.

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ASCHER v. SCARSDALE SCHOOL DISTRICT
(Dec 20, 1999)