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McELHINEY v. HALF HOLLOW HILLS CENTRAL SCHOOL DISTRICT

2017-03972. Index No. 18169/13.

158 A.D.3d 615 (2018)

70 N.Y.S.3d 237

2018 NY Slip Op 00824

REESE OLIVIA McELHINEY, an Infant, by Her Mother and Natural Guardian, JENNIFER McELHINEY, et al., Respondents, v. HALF HOLLOW HILLS CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided February 7, 2018.

Ordered that the order is affirmed, with costs.

On April 18, 2012, while on the playground during recess for her kindergarten class at the Sunquam Elementary School, located in Melville, which is within the defendant, Half Hollow Hills Central School District, the infant plaintiff allegedly was injured when she came into contact with a screw that protruded from a fence. The infant plaintiff, by her mother, and her mother, individually (hereinafter together the plaintiffs...

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