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CAREY v. COMMACK UNION FREE SCHOOL DISTRICT No. 10

56 A.D.3d 506 (2008)

867 N.Y.S.2d 525

TYLER CAREY, Respondent, v. COMMACK UNION FREE SCHOOL DISTRICT No. 10 et al., Appellants.

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

November 12, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The infant plaintiff (hereinafter the plaintiff) allegedly was swinging from a metal ring apparatus in a school playground when he lost his grip, fell, and sustained injuries. The plaintiff, by his mother, commenced this action alleging...

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