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RAMON SANTANA, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. THE CITY OF NEW YORK, DEFENDANT, ST. PAUL SCHOOL, DEFENDANT-APPELLANT.

There was neither an allegation nor a showing that defendant's special use of the public sidewalk in front of its school as a children's playground caused the crack on which the infant plaintiff tripped and fell (see, McGee v. City of New York, 252 A.D.2d 483); nor was there any evidence that defendant ever made repairs to the area (see, Bullard v. Hitchcock Plaza, 211 A.D.2d 511). That defendant exercised the same degree of care and supervision of plaintiff that a reasonably prudent parent would employ in the given circumstances was established by the testimony of plaintiff's mother, who was present for the children's recess on the day of the accident and every day, that it was "normal" for a first grader to run and play tag in the playground and that she had never instructed her son not to do so (see, Logan v. City of New York, 148 A.D.2d 167; Gattyan v. Scarsdale Union Free School District No. 1, 152 A.D.2d 650).

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

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SANTANA v. CITY OF NEW YORK
(Apr 3, 2001)