Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendant Smithtown Central School District for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.
On March 4, 2003 the infant plaintiff, during his recess/lunch period at the Dogwood Elementary School in Smithtown...
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