Appeals Court Gives New Life to Student Athlete’s MRSA Claim

A New York state appeals court has modified the order of a lower court finding that a student-athlete did, in fact, state a cause of action when he sued Iona College, claiming it “had actual or constructive notice of the presence of methicillin resistant staphylococcus aureus bacteria in its athletic facilities and negligently failed to respond thereto.”   On May 19, 2008. the trial court had dismissed the claim of Nicholas Zaffarese, pursuant to CPLR 3211(a)(7) for failure to state a c