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BONNER v. CITY OF NEW YORK

73 N.Y.2d 930 (1989)

Charles Bonner, Respondent, v. City of New York, Defendant, and Board of Education of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Margaret G. King and Edward F. X. Hart of counsel), for appellant.

David Jacobs for respondent.

Judges KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SIMONS dissents and votes to affirm in an opinion in which Chief Judge WACHTLER concurs; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

On June 2, 1983, plaintiff, a New York City public school teacher, and five other school teachers were assigned to supervise the school playground at P.S. 153 in Manhattan during a play period. On the two sides that border City streets, the playground is enclosed by a high chain link fence and can be entered...

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