Lemos v. City of Poughkeepsie School District

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated July 30, 2001, which granted the defendants’ respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the motions for summary judgment are denied.

*328The infant plaintiff, then an 11-year-old fifth grader, was injured while playing freeze tag in a school…