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MASILLO v. ON STAGE, LTD.

13938/07, 3910.

83 A.D.3d 74 (2011)

921 N.Y.S.2d 20

MARY MASILLO, Appellant, v. ON STAGE, LTD., et al., Respondents.

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

Decided March 24, 2011.

Attorney(s) appearing for the Case

Taubman Kimelman & Soroka, LLP, New York City ( Antonette M. Milcetic of counsel), for appellant.

Barry McTiernan & Moore, New York City ( Laurel A. Wedinger of counsel), for On Stage, Ltd., respondent.

Eustace & Marquez, White Plains ( Edward M. Eustace of counsel), for Queens Theatre in the Park, Inc., respondent.

RICHTER and ABDUS-SALAAM, JJ., concur with GONZALEZ, P.J.; CATTERSON and ACOSTA, JJ., dissent in a separate opinion by ACOSTA, J.

OPINION OF THE COURT

GONZALEZ, P.J.

On April 12, 2005, plaintiff Mary Masillo, an assistant teacher, accompanied teacher Madelaine Riback and a number of other chaperones on a school field trip. They took 72 prekindergarteners to a 10:00 A.M. puppet show at Queens Theatre in the Park (Queens Theatre), an enclosed auditorium. Plaintiff testified at her deposition that she seated her assigned children, that she proceeded to her seat, and that as she put her...

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