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LEMOS v. CITY OF POUGHKEEPSIE SCHOOL DISTRICT

299 A.D.2d 327 (2002)

749 N.Y.S.2d 88

ANGELA LEMOS et al., Appellants, v. CITY OF POUGHKEEPSIE SCHOOL DISTRICT et al., Respondents.

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

Decided November 4, 2002.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the motions for summary judgment are denied.

The infant plaintiff, then an 11-year-old fifth grader, was injured while playing freeze tag in a school yard owned by the defendant City of Poughkeepsie School District (hereinafter the School District). The accident occurred...

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