MINGONE v. ARDSLEY UNION FREE SCH. DIST.


215 A.D.2d 463 (1995)

626 N.Y.S.2d 264

Christopher Mingone et al., Appellants, v. Ardsley Union Free School District, Respondent

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

May 8, 1995


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to make out a prima facie case. There was insufficient evidence that the condition which caused the infant plaintiff's injury, a piece of wire sticking horizontally out of a rusty fence, was in existence for a sufficient time for the defendant, in the exercise of due care, to have been charged with constructive notice of the condition. The plaintiffs failed...

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