RUSSO v. VALLEY CENTRAL SCHOOL DISTRICT


33 A.D.3d 782 (2006)

822 N.Y.S.2d 607

KATHRYN RUSSO et al., Appellants, v. VALLEY CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided October 17, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff Kathryn Russo allegedly was injured during an after-school program when, as she was demonstrating how to use a swing, a chain detached from the seat, causing her to fall to the ground. In opposition to the defendant's prima facie demonstration of its entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact as to whether the defendant created or had actual or constructive...

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