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KRUZE v. FLYNN

301 A.D.2d 633 (2003)

753 N.Y.S.2d 881

BERNADETTE KRUZE, Respondent, v. ED FLYNN, Doing Business as McDONALD'S KISSENA BOULEVARD, et al., Appellants.

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

Decided January 27, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On August 14, 1998, the plaintiff, a teacher's aide, accompanied 12 special education students on a field trip to a McDonald's restaurant operated by the defendants. While the plaintiff was in the play area of the restaurant near a "ball pit," one of the children in her care started to run away. The plaintiff...

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