COOPER v. SMITHTOWN CENT. SCH. DIST. (ACCOMPSETT JUNIOR HIGH SCH.)


83 A.D.2d 828 (1981)

Henry Cooper, II, an Infant, by Henry Cooper, His Father and Natural Guardian, et al., Appellants, v. Smithtown Central School District (Accompsett Junior High School), Respondent

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

August 3, 1981


Judgment reversed, and new trial granted, with costs to abide the event.

The plaintiffs proved that the infant plaintiff was injured while walking on the outside stairs of a school building when a piece of glass, which was resting on a step along with other debris, penetrated his sneaker, inflicting a wound in his foot. There was testimony from the infant plaintiff, as well as from another witness, that the debris had remained on the stairs for several months before...

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