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NIELSEN v. TOWN OF AMHERST

193 A.D.2d 1073 (1993)

598 N.Y.S.2d 878

Joyce Nielsen, Individually and as Parent and Natural Guardian of David W. Nielsen, an Infant, Appellant, v. Town of Amherst, Respondent, et al., Defendant. (Appeal No. 1.)

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

May 28, 1993

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

On June 16, 1989, nine-year-old David Nielsen and his four-year-old sister were playing on the soccer field at the Amherst Audubon Recreation Center. David sustained a fractured femur when a soccer goal upon which the children had been playing fell on his leg. David's mother commenced this action individually and on David's behalf against the Town of Amherst...

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