Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Board of Education of the City of Yonkers is denied, and the complaint is reinstated against that defendant.
On October 3, 2001, the infant plaintiff, who was in the first grade and almost six years old, allegedly was injured when he fell from a monkey bar apparatus...
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