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FLADELL v. BOARD OF EDUCATION UNION FREE SCHOOL DISTRICT #14

300 A.D.2d 536 (2002)

752 N.Y.S.2d 562

JONATHAN FLADELL et al., Respondents, v. BOARD OF EDUCATION UNION FREE SCHOOL DISTRICT #14 et al., Appellants.

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

Decided December 23, 2002.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there are triable issues of fact (see CPLR 3212 [b]) as to whether the defendants breached a duty to provide adequate supervision, whether the playing field was negligently maintained, and whether such breach of duty or negligence was a proximate cause of the injuries sustained by the infant plaintiff (see Mirand v City of New York, 84 N.Y.2d 44

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