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KELLEY v. CITY OF NEW YORK

30 A.D.2d 831 (1968)

Pearl Kelley, as Administratrix of The Estate of William F. Kelley, Deceased, et al., Appellants, v. City of New York, Respondent

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

July 15, 1968

Judgment affirmed, without costs (Cunningham v. City of Niagara Falls, 269 N.Y. 644).

BENJAMIN, J. (dissenting).

The plaintiffs' intestates, who were 11 and 12 years of age at the time involved herein, met their deaths by drowning after walking out onto the ice-covered surface of Baisley Pond in Baisley Park, Queens. Although section 29 of the Rules of the Park Department of the City of New York...

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