The plaintiff was injured when he fell attempting to climb through a locked gate located at the rear of the defendant's Gotham Avenue Elementary School property. The gates were fastened together with a chain attached to a metal pole. According to the plaintiff, as he stepped onto the pole's cement base and slid between the gates, he heard a "snapping" sound in his leg and fell to the ground. The Supreme Court denied the defendant's motion for summary judgment dismissing the...
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