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SM v. PLAINEDGE UNION FREE SCH. DIST.

2016-05118, Index No. 14550/13.

162 A.D.3d 814 (2018)

79 N.Y.S.3d 215

2018 NY Slip Op 04370

SM et al., Respondents, v. Plainedge Union Free School District, Appellant.

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

Decided June 13, 2018.

Ordered that the order is affirmed, with costs.

During a lunch recess on October 2, 2012, the plaintiff SM (hereinafter the infant plaintiff) allegedly was injured when he fell from monkey bars on a school playground. At the time of the accident, the infant plaintiff was a fifth-grade student at Charles E. Schwarting Elementary School (hereinafter the school), which is under the control of the defendant, Plainedge Union Free School District. The infant plaintiff,...

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