Ordered that the order is affirmed, with costs.
The infant plaintiff (hereinafter the plaintiff), a seventh grader at Smithtown Middle School, allegedly slipped and fell during lunch period on an accumulation of water in the school cafeteria. The accident occurred when the plaintiff attempted to sit down on a seat in the cafeteria, which required him to first step over a bench. As he was doing so, he allegedly slipped on the water and fell to the floor, thereby sustaining...
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