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GRAY v. SOUTH COLONIE CENTRAL SCHOOL DISTRICT

64 A.D.3d 1125 (2009)

883 N.Y.S.2d 647

DEAN GRAY et al., Individually and as Parents and Guardians of DAVID M. GRAY, an Infant, Appellants v. SOUTH COLONIE CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided July 30, 2009.

Garry, J.

In November 2005, plaintiffs' son (hereinafter the child), then six years old, broke his elbow when he fell from a climbing structure commonly known as monkey bars on the playground of an elementary school in the Town of Colonie, Albany County. The child later testified that he fell as he tried to swing from the first to the third rung of the structure's horizontal ladder. Plaintiffs commenced this action against the Town, defendant South Colonie Central...

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