SIMMONS v. SAUGERTIES CENTRAL SCHOOL DISTRICT

510530.

82 A.D.3d 1407 (2011)

918 N.Y.S.2d 661

WILLIAM H. SIMMONS, an Infant, by WILLIAM A. SIMMONS et al., his Parents and Guardians, et al., Respondents, v. SAUGERTIES CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided March 10, 2011.


MERCURE, J.P.

Plaintiff William H. Simmons (hereinafter plaintiff) was injured when he stepped into a large hole while playing touch football in the "bus circle" during recess at defendant's high school. Defendant's superintendent of buildings and grounds indicated that the bus circle was the area in front of the high school where the buses picked up the students and that students also played there, primarily during lunch time. Plaintiff testified that students were...

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