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ENRIGHT v. BUSY BEE PRESCHOOL

164 Misc.2d 415 (1995)

625 N.Y.S.2d 453

Thomas C. Enright, an Infant, by His Mother and Natural Guardian, Siobain C. Enright, et al., Plaintiffs, v. Busy Bee Playschool et al., Defendants.

Supreme Court, Rockland County.

March 15, 1995

Attorney(s) appearing for the Case

Michael B. Doyle, P. C., Bronx, for plaintiffs. White, Fleischner, Fino & Wade, New York City, for Busy Bee Playschool and another, defendants. Tully & Burns, White Plains, for Germonds Presbyterian Church, defendant.

HOWARD MILLER, J.

The infant plaintiff, while attending a preschool program, fell from a slide. Plaintiff now requests the court to charge the jury that the standard of care owed by the play school to the infant plaintiff was that of a prudent parent, a more protective duty than that of ordinary reasonable care.

The classic measure of care owed by a school toward children in attendance was enunciated...

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