Gray v. South Colonie Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order and judgment of the Supreme *1126Court (McNamara, J.), entered November 3, 2008 in Albany County, which granted defendants’ motion for summary judgment dismissing the complaint.
In November 2005, plaintiffs’ son (hereinafter the child), then six years old, broke his elbow when he fell from a climbing structure commonly known as monkey bars on the playground of an elementary school in the Town of Colonie, Albany County. The child later testified that he fell as he tried to swing from the first to the third rung of the structure’s horizontal ladder. Plaintiffs commenced this…
2Cases cited16 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Solomon v. City of New YorkNew York Court of Appeals · 1985
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