BREANA BANKS v. FREEPORT UNION FREE SCHOOL DISTRICT


302 A.D.2d 341 (2003)

753 N.Y.S.2d 890

BREANA BANKS et al., Appellants, v. FREEPORT UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided February 3, 2003.


Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly was injured on a school playground when, during the course of playing on the "monkey bars," she failed to catch hold of one of the bars and fell to the ground.

The defendant established its entitlement to judgment as a matter of law by demonstrating that the wood chip ground cover used as an impact cushioning under the monkey bars was maintained in a reasonably safe condition (...

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