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MATTER OF TERMINI v. VALLEY STREAM UNION FREE SCHOOL DISTRICT NO. 13

2 A.D.3d 866 (2003)

769 N.Y.S.2d 596

In the Matter of NANCY TERMINI, Respondent, v. VALLEY STREAM UNION FREE SCHOOL DISTRICT No. 13, Appellant, et al., Respondent.

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

December 29, 2003.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, and the application is denied.

On December 14, 2001, after school hours, at approximately 9:00 P.M., the petitioner's child was allegedly injured while playing in a playground area owned by the respondent, Valley Stream Union Free School District No. 13 (hereinafter the District). The following day the petitioner went to the school which is adjacent to the playground and orally...

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