PEREZ v. CITY OF NEW YORK


44 A.D.2d 514 (1974)

Ana Perez, Respondent, v. City of New York, Appellant

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

March 7, 1974


Respondent shall recover of appellant $60 costs and disbursements of this appeal. Plaintiff slipped off a diving board in a city pool on East 23rd Street. Inasmuch as she testified, and there is no contradictory evidence, that she was barefoot and her feet were free of any slippery or foreign substance, and there is no indication that she was in any way interfered with, the only question was whether the surface of the diving board was properly maintained by having a covering...

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