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CALCAGNO v. JOHN F. KENNEDY INTERMEDIATE SCHOOL

61 A.D.3d 911 (2009)

877 N.Y.S.2d 455

DANIELLE CALCAGNO et al., Appellants, v. JOHN F. KENNEDY INTERMEDIATE SCHOOL et al., Respondents.

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

Decided April 28, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff Danielle Calcagno (hereinafter the infant plaintiff), a fourth-grade student at the defendant John F. Kennedy Intermediate School in the defendant Deer Park School District, allegedly was injured while playing in the playground on a set of horizontal gymnastic bars during her recess period. According to the infant plaintiff's deposition testimony, she was attempting to spin forward around the lowest of...

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