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BATEMAN v. SUSQUEHANNA VALLEY CENTRAL SCHOOL DISTRICT

289 A.D.2d 852 (2001)

734 N.Y.S.2d 704

PATRICK BATEMAN et al., Plaintiffs, v. SUSQUEHANNA VALLEY CENTRAL SCHOOL DISTRICT, Defendant and Third-Party Plaintiff-Appellant. TOWN OF BINGHAMTON, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided December 20, 2001.

Mercure, J. P.

Plaintiff Patrick Bateman (hereinafter plaintiff) sustained the injuries forming the basis for this action in a July 9, 1996 construction accident at Brookside Elementary School in the Town of Conklin, Broome County. In 1995, the school, which is within defendant, Susquehanna Valley Central School District, was involved in the installation of a new playground structure. Because of concerns about the proximity of the playground to an existing baseball...

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