TINTO v. YONKERS BD. OF EDUC.

2015-05600, Index No. 60759/12.

139 A.D.3d 712 (2016)

32 N.Y.S.3d 176

2016 NY Slip Op 03496

ANTONIO TINTO, by His Mother and Natural Guardian, LORRAINE TINTO, Respondent, v. YONKERS BOARD OF EDUCATION, Appellant.

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

Decided May 4, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly was injured on September 3, 2011, when, while playing a pick-up game of football with his friends on a grass field, he stepped into a large, deep hole. The game took place on a Saturday afternoon on the defendant's property. The defendant neither organized nor supervised the...

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