SARACINO v. CITY OF NEW YORK


30 A.D.2d 853 (1968)

Frank Saracino, an Infant, by His Guardian ad Litem, Michael Saracino, Appellant, v. City of New York, Respondent, et al., Defendant

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

July 15, 1968


Affirmed, without costs.

On August 5, 1956, plaintiff, then four and a half years old, visited a New York City park accompanied by his 11-year-old sister. While ascending the steps of a slide, his hand slipped off the railing a few steps from the top and he fell to the ground, sustaining personal injury. The slide was wet following a rainfall. As developed by the proof adduced at the trial, the liability of the defendant city was predicated primarily upon the theory...

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