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BARTH v. CITY OF NEW YORK

307 A.D.2d 943 (2003)

763 N.Y.S.2d 101

CHRISTIAN BARTH et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY BOARD OF EDUCATION et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. HALLS SECURITY ANALYST INCORPORATED, Third-Party Defendants-Respondents.

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

Decided August 11, 2003.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the cross appeal is dismissed as academic; and it is further,

Ordered that one bill of costs is awarded to the defendants third-party plaintiffs, payable by the plaintiffs.

On the late afternoon of February 25, 1991, the infant plaintiff and three friends were playing in the yard of the High School of Telecommunication Arts and Technology located at 350 67th...

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