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DE MARCO v. CITY OF ALBANY

17 A.D.2d 250 (1962)

Judith De Marco, an Infant, by Rosario V. De Marco, Her Guardian ad Litem, et al., Respondents, v. City of Albany, Appellant

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

November 21, 1962.

Attorney(s) appearing for the Case

Towner & Erway (William R. Crotty of counsel), for appellant.

Franklin P. Gavin and Richard A. Kohn for respondents.

BERGAN, P. J., COON, GIBSON, HERLIHY and TAYLOR, JJ., concur.

Per Curiam.

The injury to the infant occurred on August 2, 1956 in the City of Albany's Washington Park, at an area thereof known as the "green swings". The infant's mother testified that she took her daughter to the main playground of the park on the day in question at about 1:00 P.M. However, there was a long line of parents and children waiting to use the facilities of the main playground and after a short wait...

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