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CULKIN v. PARKS & RECREATION DEP'T OF THE CITY OF SYRACUSE

168 A.D.2d 912 (1990)

Brian Culkin, an Infant, by Robert J. Culkin, His Father, et al., Appellants, v. Parks and Recreation Department of the City of Syracuse et al., Respondents

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

December 21, 1990

Order unanimously affirmed without costs.

Memorandum:

On June 9, 1976, plaintiff Brian Culkin, age 16 years, was seriously injured after diving head first off of a trash barrel turned upside down and placed upon a wooden footbridge that crossed over Furnace Brook in Elmwood Park, owned by the City of Syracuse. At the bridge, Furnace Brook was about eight feet wide and between 3 and 4½ feet deep; however, the...

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