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CUEVAS v. NEW YORK CITY BOARD OF EDUCATION

2008-11211

71 A.D.3d 815 (2010)

898 N.Y.S.2d 52

YERIEL CUEVAS, an Infant, by DAYSI CUEVAS, His Mother and Natural Guardian, et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION et al., Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs-Respondents, NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Defendant/Third-Party Defendant-Respondent, AAH CONSTRUCTION CORP., Defendant/Second Third-Party Defendant/Second Fourth-Party Plaintiff-Respondent, and SPRING SCAFFOLDING, INC., Defendant/Second Fourth-Party Defendant-Appellant. DORIEL SCAFFOLDING, INC., Second Fourth-Party Defendant-Respondent.

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

Decided March 16, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 26, 2002, the infant plaintiff, who was then 11 years old, was at school. During his lunch recess, he went outside to the schoolyard. At some point, he walked over to a scaffold that had been constructed in the schoolyard. He ran towards the scaffold, jumped up, grabbed onto one of the posts of the scaffold with both of his hands, and started swinging on the post. However, his hands...

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