CHIAUZZI v. SEWANHAKA CENT. HIGH SCH. DIST.

2018-01934, Index No. 1661/16.

170 A.D.3d 1106 (2019)

94 N.Y.S.3d 880

2019 NY Slip Op 02310

Ashley Chiauzzi, Appellant, v. Sewanhaka Central High School District, Respondent.

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

Decided March 27, 2019.


Ordered that the order is affirmed, with costs.

On April 27, 2011, at approximately noon, the plaintiff, who was then in the eighth grade, allegedly sustained injuries on the exterior grounds of the defendant's school during her lunch recess. A short fence, approximately the same height as the plaintiff's knees, separated a grass area from a concrete walkway. The plaintiff and two of her friends took turns running and jumping over this fence. The incident occurred...

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