PALLADINO v. LINDENHURST UNION FREE SCHOOL DISTRICT

2010-05217.

84 A.D.3d 1194 (2011)

924 N.Y.S.2d 474

JOAN PALLADINO, Respondent, v. LINDENHURST UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided May 24, 2011.


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

The plaintiff's infant son, Carl Palladino (hereinafter the infant), was playing handball on the defendant's premises when he allegedly stepped on an improperly placed grate, sustaining personal injuries. The infant was aware of the condition of the grate, having seen it prior to the incident on the date of the accident and...

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