Harris v. Debbie's Creative Child Care, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On the evening of May 6, 2008, at about 6:30 p.m., the nine-year-old plaintiff (hereinafter the infant plaintiff) was on the grounds of Jamaica Avenue School in Plainview to watch his brother’s T-ball game. These grounds, owned and maintained by the defendant Plainview-Old Bethpage Central School District (hereinafter the School District), contained a fenced-in playground which the School District leased to the defendant Debbie’s Creative Child Care, Inc. That evening, the School District had locked the gates to the playground fence at closing time, 5:00 p.m. The infant plaintiff, finding the…
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