MATA v. HUNTINGTON UNION FREE SCHOOL DISTRICT


57 A.D.3d 738 (2008)

871 N.Y.S.2d 194

LEYDA MATA et al., Appellants, v. HUNTINGTON UNION FREE SCHOOL DISTRICT, Respondent.

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

December 16, 2008.


Ordered that the judgment is affirmed, with costs.

On June 21, 2002 the five-year-old infant plaintiff was a kindergartner at Southdown Elementary School in the defendant school district. She was injured when she fell from the third rung of a "Serpentine Trek" set of monkey bars. The accident occurred after lunch, during recess. The infant plaintiff, by her father, and her father, individually, commenced this action against the school district. The case ultimately...

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