DOUGLAS v. JOHN HUS MORAVIAN CHURCH OF BROOKLYN, INC.


8 A.D.3d 327 (2004)

778 N.Y.S.2d 77

DUANE DOUGLAS et al., Appellants, v. JOHN HUS MORAVIAN CHURCH OF BROOKLYN, INC., et al., Respondents.

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

June 7, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On August 6, 1998, at approximately 3:30 P.m., the nine-year old infant plaintiff was participating in the defendants' summer camp day-care program located in the basement auditorium of their facility on Ocean Avenue.

The infant plaintiff allegedly was injured during a game of tag when, as he ran, another...

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