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LEZOLI v. CITY OF NEW YORK

9 A.D.2d 906 (1959)

Valerie Lezoli, an Infant, by Mary A. Lezoli, Her Guardian ad Litem, et al., Appellants, v. City of New York, Respondent

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

December 14, 1959

Judgment reversed and a new trial granted, with costs to abide the event.

Respondent operated a playground in which there was a seesaw with a handle missing from one end for at least a week prior to the accident. The infant sat on the seesaw at the end with the missing handle. An unknown girl pressed down the other end of the seesaw, without warning, causing the infant to fall after making a motion to catch the handle which...

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