Arceri v. Smithtown Central School District

The Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint. The defendant failed to establish, prima facie, that the infant plaintiff was engaged in age-appropriate activity at the time of the accident (cf. Troiani v White Plains City School Dist., 64 AD3d 701 [2009]; Newman v Oceanside Union Free School Dist., 23 AD3d 631 [2005]), that he was adequately supervised (see Ferrill v Board of Educ. of Cent. School Dist. No. 1, 6 AD2d 690 [1958]), and that it maintained the playground in a reasonably safe condition (see generally Miller v Kings Park…