DAEFLER v. BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT

2009-09247

72 A.D.3d 872 (2010)

898 N.Y.S.2d 263

SIMON DAEFLER, Individually and as Father and Natural Guardian of ANNA-SAMSARRA DAEFLER, Respondent, v. BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT et al., Appellants.

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

Decided April 20, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the claim to recover damages based upon a dangerous and defective condition is granted.

The infant plaintiff was injured when she slipped and fell while running across the gravel surface of her school playground during kindergarten recess. The plaintiff subsequently commenced this action to recover damages...

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