Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The appeal did not present questions of fact. The infant plaintiff sustained her injuries when her ankle was crushed while she was playing on a see-saw during a scheduled school recreation period. The case comes to us on an agreed statement of facts in lieu of a record on appeal, pursuant to CPLR 5527. In pertinent part the statement sets forth that the accident occurred on September...
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