RODRIGUEZ v. ELMONT SCHOOL DISTRICT


37 A.D.3d 448 (2007)

829 N.Y.S.2d 221

TIFFANY RODRIGUEZ, Respondent, v. ELMONT SCHOOL DISTRICT, Appellant.

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

Decided February 6, 2007.


Ordered that the order is affirmed, with costs.

In 1998 the plaintiff, then a nine-year-old fourth grader at a school owned and operated by the defendant, allegedly was injured during recess when she fell off of a cement or concrete cylindrical barrel, approximately three to four feet high, that had been placed on its side to form a tube or tunnel, and was part of the school playground equipment. She commenced this action to recover damages for personal injuries arising...

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