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LOFREDDO v. TOWN OF BROOKHAVEN

87 A.D.2d 623 (1982)

Kristen Lofreddo, an Infant, by Her Mother and Natural Guardian, Phyllis Lofreddo, Plaintiff, and Phyllis Lofreddo, Individually, Appellant, v. Town of Brookhaven, Respondent

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

March 22, 1982

Order affirmed, with $50 costs and disbursements.

The defendant's counterclaim seeks contribution based upon the plaintiff parent's negligence in permitting the infant plaintiff to play with and upon a "dangerous instrumentality as alleged in the complaint", namely, a seesaw. The question, therefore, is whether the counterclaim alleges a cause of action within the purview of Nolechek v Gesuale, (46 N.Y.2d 332). The record...

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