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BENEDICT v. BOARD OF EDUCATION OF DANSVILLE CENTRAL SCHOOL DISTRICT

286 A.D.2d 971 (2001)

730 N.Y.S.2d 765

MARY A. BENEDICT et al., Individually and as Parents of THOMAS BENEDICT, an Infant, Plaintiffs, v. BOARD OF EDUCATION OF DANSVILLE CENTRAL SCHOOL DISTRICT, Defendant and Third-Party Plaintiff-Appellant. KATHLEEN GROUSE, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 28, 2001.

Judgment unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover for personal injuries sustained by their four-year-old son (Thomas) when he fell from gymnasium bleachers owned and maintained by defendant. Defendant interposed a third-party complaint against Thomas's aunt, alleging that she was negligent in supervising Thomas at the time of the accident. Supreme Court properly granted...

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