DAVID v. CITY OF NEW YORK


40 A.D.3d 572 (2007)

835 N.Y.S.2d 377

ELIZABETH J. DAVID et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and SAINT RAYMOND'S SCHOOL, Appellant.

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

Decided May 1, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Saint Raymond's School which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

On October 16, 2003 the infant plaintiff Elizabeth J. David, a kindergarten student at the appellant's school, was injured during a hay ride on a school field trip to the Green Meadows Farm in Floral Park. The infant...

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