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SARNES v. CITY OF NEW YORK

2009-04011.

73 A.D.3d 1154 (2010)

900 N.Y.S.2d 894

CHRISTOPHER SARNES, by His Father and Natural Guardian, MARK SARNES, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 25, 2010.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

According to the deposition testimony of the infant plaintiff, who was 12 years old at the time of the accident, he sustained injuries while attempting to do "chin-ups" on a metal bar that was connected to scaffolding in a schoolyard during his lunch recess. According to the infant...

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