Luke Anthony Trupia, an Infant, by His Parent and Guardian, Lawrence C. Trupia, Respondents v. Lake George…

Summary

The New York Court of Appeals affirmed the Appellate Division's denial of the school district's motion to amend its answer to assert primary assumption of risk, holding that the doctrine does not apply to a child's unsupervised activity on school premises. Judge Smith filed a separate concurring opinion emphasizing that the majority's extended discussion of the doctrine is dicta.