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J.M. v. NORTH BABYLON UNION FREE SCHOOL DISTRICT

2016-06310, Index No. 30252/13.

145 A.D.3d 978 (2016)

2016 NY Slip Op 08847

42 N.Y.S.3d 860

J.M., an Infant, by His Mother and Natural Guardian, D.M., et al., Respondents, v. NORTH BABYLON UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided December 28, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff J.M. (hereinafter the infant plaintiff) allegedly was injured when he fell onto the surface of a suspension bridge, which was part of a playground apparatus, in the playground at the Woods Road Elementary School (hereinafter the school) in North Babylon. The school was under the control of the defendant, and the infant plaintiff allegedly fell as a result of students jumping up and down on the surface of...

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