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DOLAN v. CITY OF NEW YORK

5 A.D.2d 300 (1958)

Kevin Dolan, an Infant, by His Guardian ad Litem Thomas Dolan, Respondent, et al., Plaintiff, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1958.

Attorney(s) appearing for the Case

Eugene J. Keefe of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Melvin D. Freidel of counsel (David Sherman, attorney), for respondent.

BREITEL, J. P., RABIN, FRANK, McNALLY and STEVENS, JJ., concur.

Per Curiam.

In this personal injury action, the defendant appeals from a judgment entered in favor of the infant plaintiff after a verdict by a jury. The child, about four and a half years of age, was injured when he fell from a device called a "jungle jim" or "monkey bars", designed for use by younger children and located in a public playground maintained by the city. He had gone there in the custody of his nine-year...

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