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ASCHER v. SCARSDALE SCHOOL DISTRICT

Appellate Division of the Supreme Court of New York, Second Department.
Dec 20, 1999
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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.