HARRIS v. DEBBIE'S CREATIVE CHILD CARE, INC.

2010-07042.

87 A.D.3d 615 (2011)

928 N.Y.S.2d 583

2011 NY Slip Op 6248

SKYLAR HARRIS, and Infant, by His Father and Natural Guardian, GEOFFREY HARRIS, et al., Respondents, v. DEBBIE's CREATIVE CHILD CARE, INC., Defendant, and PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided August 16, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant Plainview-Old Bethpage Central School District for summary judgment dismissing the complaint insofar as asserted against it is granted.

On the evening of May 6, 2008, at about 6:30 P.M., the nine-year-old plaintiff (hereinafter the infant plaintiff) was on the grounds of Jamaica Avenue School in Plainview to watch his brother's T-ball game. These...

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