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MORRIS JOHNSON III, ETC., Plaintiff-Respondent, v. THE CITY OF NEW YORK, Defendant, KIPS BAY BOYS GIRLS CLUB, INC., Defendant-Appellant.

In this action to recover for injuries allegedly sustained by the infant plaintiff while participating in defendant-appellant's day camp, summary judgment dismissing the complaint was properly denied in light of evidence, including the deposition testimony of the infant and a camp group leader, raising triable issues as to whether plaintiff and other campers were adequately supervised and as to whether closer supervision would have prevented the accident (see Vonungern v. Morris Cent. School, 240 A.D.2d 926).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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JOHNSON v. CITY OF NEW YORK
(Oct 28, 2003)