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HEARD v. CITY OF NEW YORK

186 A.D.2d 108 (1992)

David Heard et al., Respondents, v. City of New York, Appellant

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

September 14, 1992

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

We agree with the defendant City of New York (hereinafter the City) that the court erred in denying its motion to dismiss the complaint at the end of the plaintiffs' case for failure to establish a prima facie case. The record reveals that the 17-year-old plaintiff David Heard, accompanied by several friends, went to Rockaway Beach in Queens on August 12, 1985. There, they...

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