NICHTER v. CITY OF BUFFALO


74 A.D.2d 996 (1980)

Dorothy H. Nichter, Individually and as Guardian of Jody Hines, an Infant, Respondent, v. City of Buffalo, Appellant

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

March 28, 1980


Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Defendant, City of Buffalo, appeals from a judgment after a jury trial in a negligence case. Infant plaintiff, then six years old, was injured on May 24, 1972 while using a "baby swing" in the city's Rees Street playground when she attempted to stand up in the swing and fell off. No defect in the swing, in any other equipment, or in the premises was alleged or proven...

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