CASELA v. CITY OF TROY


161 A.D.2d 991 (1990)

Margaret E. Casela, as Administratrix of The Estate of Allen J. Casela, Deceased, Appellant, v. City of Troy, Respondent

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

May 24, 1990


Yesawich, Jr., J.

Decedent, a five-year-old boy, accompanied his nine-year-old neighbor to an overlook area in a park bordering the Hudson River; the park had been designed and constructed by the State and leased to defendant. According to the companion's most recent account of the events of that day, the two boys skirted a metal railing bordering the overlook and descended a cobblestone surface to reach a bulkhead abutting the river. While standing on...

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