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BUTLER v. CITY OF GLOVERSVILLE

52 A.D.3d 896 (2008)

859 N.Y.S.2d 284

RACHAEL J. BUTLER, an Infant, by Her Parent and Guardian, MARY J. BUTLER, et al., Respondents, v. CITY OF GLOVERSVILLE et al., Defendants, and GLOVERSVILLE ENLARGED SCHOOL DISTRICT et al., Appellants.

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

Decided June 5, 2008.

Kane, J.

In June 2001, plaintiff Rachael J. Butler (born in 1991) (hereinafter the child) was playing at a playground near her home. As she sat at the top of the slide, her older sister gave her a push, causing the child to fall over the side of the slide and land on the ground. Plaintiffs commenced this action to recover for injuries to the child's femur and clavicle which were broken as a result of her fall. After discovery, all defendants moved for summary judgment...

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