Judgment reversed, on the law, and new trial granted, with costs to abide the event.
No questions of fact were presented on this appeal. When considered most favorably to plaintiffs, their evidence establishes that the injured plaintiffs and the decedents were the victims of a dangerous condition created by defendant and lying beneath the waters of the Summerville Basin in the Borough of Queens while they were bathing therein. The trial court, in dismissing the complaint...
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