Lam v. Board of Education of Central Islip Union Free School District No. 13

This is an appeal from a judgment dismissing the complaint at the close of the plaintiff’s case on the ground plaintiff had failed to make out a prima facie case. Third-party issues are not involved herein.

Cordello School in Central Islip was admittedly in the process of clearing a wooded area to the rear of its regular playground on the date when the infant plaintiff was injured, and for a week prior thereto. The debris was being burned by the third-party defendants. Some of the fires had apparently burned out. The plaintiff, while playing with others on or near felled logs in that area,…