SIMON v. COMSEWOGUE SCHOOL DISTRICT

2015-10520, Index No. 8029/12.

143 A.D.3d 695 (2016)

2016 NY Slip Op 06486

39 N.Y.S.3d 180

COURTNEY SIMON, an Infant, by Her Father and Natural Guardian, PAUL SIMON, Respondent, v. COMSEWOGUE SCHOOL DISTRICT, Appellant.

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

Decided October 5, 2016.


Ordered that the order is affirmed, with costs.

On October 8, 2010, at around dusk, the plaintiff allegedly tripped and fell over a chain suspended between two poles as she was walking within the property of Comsewogue High School. At the time the accident occurred, the school was hosting a pep rally, and 700 to 1,000 attendees, including the plaintiff, were walking from the football field, where the pep rally was held, to a bonfire, which was located in an area near...

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