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PONZINI v. SAG HARBOR UNION FREE SCH. DIST.

2018-05240. Index No. 23955/13.

166 A.D.3d 914 (2018)

87 N.Y.S.3d 566

2018 NY Slip Op 08046

Steven Ponzini et al., Respondents, v. Sag Harbor Union Free School District et al., Appellants.

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

Decided November 21, 2018.

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

On October 11, 2012, the infant plaintiff, a kindergarten student at Sag Harbor Elementary School, allegedly sustained personal injuries when he fell from playground equipment during recess. At the time of the accident, the infant plaintiff had been playing on a "Swizzle Stix Bridge...

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