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SWAN v. TOWN OF BROOKHAVEN

32 A.D.3d 1012 (2006)

821 N.Y.S.2d 265

CHRISTOPHER SWAN et al., Respondents, v. TOWN OF BROOKHAVEN et al., Defendants, and WILLIAM FLOYD SCHOOL DISTRICT et al., Appellants.

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

September 26, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint insofar as asserted against the appellants is granted.

Eleven-year-old Christopher Swan was injured when he fell from a school playground slide during recess. The record indicates that, as Christopher attempted to get off the side of the slide, about midway down from the top,...

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