Legal Opinion

Carey v. Commack Union Free School District No. 10

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

Decided November 12, 2008Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated November 15, 2007, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

The infant plaintiff (hereinafter the plaintiff) allegedly was swinging from a metal ring apparatus in a school playground *507when he lost his grip, fell, and sustained injuries. The plaintiff, by his mother,…

2Cases cited11 opinions

  1. Lopez v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  2. Navarra v. Lynbrook Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2001
  3. Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
  4. Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
  5. Swan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2006

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