Legal Opinion

Mata v. Huntington Union Free School District

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2008PublishedCited by 2 opinions

1Opinion of the Court

On June 21, 2002 the five-year-old infant plaintiff was a kindergartner at Southdown Elementary School in the defendant school district. She was injured when she fell from the third rung of a “Serpentine Trek” set of monkey bars. The accident occurred after lunch, during recess. The infant plaintiff, by her father, and her father, individually, commenced this action against the school district. The case ultimately was tried to a jury.

Evidence at trial established that the monkey bar apparatus was a component of a play system that also included a slide. Kindergartners were allowed to use the…

2Cases cited7 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rubin v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
  3. Schaefer v. GuddemiAppellate Division of the Supreme Court of the State of New York · 1992
  4. Barnett v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2007
  5. Rivera v. MTA Long Island BusAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by2 opinions

  1. LaMacchia v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2015
  2. Angieri v. MussoAppellate Division of the Supreme Court of the State of New York · 2024

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