Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
During lunch recess on June 3, 2003 the 11-year-old infant plaintiff allegedly was injured in the playground of Rushmore Avenue Intermediate School when he jumped off a swing in midair. The plaintiffs subsequently commenced this action, inter alia, to recover damages for personal injuries, alleging that the accident was proximately caused by negligent...
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