Ordered that the order is reversed, on the law, with costs, and the respondents' motion for summary judgment dismissing the complaint is denied.
In June 2005 the infant plaintiff, who was participating in a "backward" relay race organized by his school as part of a field day, allegedly was injured when he slipped or tripped, and fell. At his deposition, the infant plaintiff, who was a 10-year-old fifth grader at the time of the accident, explained that while the relay...
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