RICE v. ARGENTO


59 A.D.2d 1051 (1977)

Donald G. Rice, Individually and as Parent and Natural Guardian of Louis R. Rice, an Infant, Appellant, v. Ronald P. Argento et al., Respondents

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

November 14, 1977


Judgment unanimously affirmed, without costs.

Memorandum:

We affirm the judgment directing a verdict at the close of the plaintiffs' case (CPLR 4401) in favor of the defendants in a case where a three-year old infant was injured when he was struck by the glider section of a swing set owned by defendants and operated by their five-year old daughter. We note that the trial court based its decision on status/rights distinctions for premises liability. The trial...

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