Jones v. City of Albany

Appeal from an order of the Supreme Court (Kahn, J.), entered September 24, 1986 in Albany County, which denied defendant Albany City School District’s motion for summary judgment dismissing the complaint against it.

Plaintiff seeks to recover damages for injuries sustained while he was attempting to do a "flip” from the top of a chain link fence and the fence, which surrounded a running track adjacent to Albany High School in the City of Albany, collapsed. Plaintiff and a friend, who were then students at Albany High School, had left the school cafeteria during their lunch period to practice…