BYRNE v. WESTCHESTER COUNTY


178 A.D.2d 575 (1991)

Meghan Byrne, an Infant, by Her Parent and Natural Guardian, Michael Byrne, et al., Respondents, v. Westchester County, Appellant

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

December 23, 1991


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant-plaintiff was injured while skating at an ice skating rink operated by the defendant, and claims that the defendant is liable to her on the basis of its having failed to properly maintain the condition of the rink's ice where the accident occurred. However, the infant-plaintiff's own testimony reveals that she had actual knowledge of the existence...

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