Mata v. Huntington Union Free School District

(dissenting and voting to reverse the judgment, grant the plaintiffs motion pursuant to CFLR 4404 (a) to set aside the jury verdict as against the weight of the evidence and as inconsistent, and remit the matter to the Supreme Court, Suffolk County, for a new trial, with the following memorandum): I respectfully dissent. The facts of this case are not in dispute. The five-year-old kindergartener plaintiff was injured when she fell off monkey bars during a recess .after lunch in the yard of the elementary school she attended.

*741Kindergarteners were not permitted by the school to play on the…