Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The injured plaintiff was a student at the defendant high school. While waiting after school for his mother, he and some other students, who were standing on top of a concrete bench, began rocking the bench by shifting their weight. The injured plaintiff attempted to dismount the bench as it was rocking, and it toppled over, catching his foot and landing...
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