Judge Removes City from Assumption of Risk Suit, Leaves Board of Education

A New York state court has granted the City of New York’s motion for summary judgment in a case where a high school student named the City as a defendant after she was struck by a lacrosse ball.   The court ruled that the city was not a proper defendant for the plaintiff since the incident occurred on school property.   However, the court denied the Board of Education’s summary judgment motion, which had argued that the plaintiff assumed the risk of being injured by a lacrosse ball