Musachio v. Smithtown Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The infant plaintiff (hereinafter the plaintiff), a seventh grader at Smithtown Middle School, allegedly slipped and fell during lunch period on an accumulation of water in the school cafeteria. The accident occurred when the plaintiff attempted to sit down on a seat in the cafeteria, which required him to first step over a bench. As he was doing so, he allegedly slipped on the water and fell to the floor, thereby sustaining personal injuries. After the plaintiffs commenced this action to recover damages for the personal injuries, the defendant moved for summary judgment dismissing the…
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