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REMIGIO v. CITY OF NEW YORK

291 A.D.2d 262 (2002)

737 N.Y.S.2d 364

JACINTO REMIGIO, an Infant, by His Mother and Natural Guardian, LUZ BATISTA, et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant.

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

Decided February 14, 2002.

This is a negligence action for damages allegedly sustained when the infant plaintiff fell off a jungle gym in the playground of the school he attended. Following completion of discovery, defendant New York City School Construction Authority (NYCSCA) moved for summary judgment dismissing the complaint as against it claiming that since NYCSCA did not construct, design or maintain the jungle gym or have any supervisory or other control over the playground or its facilities...

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