Ordered that the judgment is reversed, on the law, with costs, that branch of the defendant's motion which was pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.
On July 29, 1993, the infant plaintiff Christine Loubriel, a seven-year-old first-grader, was swinging on the "jungle gym" in the playground of her summer school when a boy allegedly was pushed into her, causing her to fall and sustain injuries to her right arm...
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