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ALAYO v. CITY OF NEW YORK

217 A.D.2d 567 (1995)

629 N.Y.S.2d 286

Armando Alayo, an Infant, by His Mother and Natural Guardian, Esther Alayo, et al., Appellants, v. City of New York, Respondent

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

July 10, 1995

Ordered that the judgment is affirmed, with costs.

We agree with the trial court that the plaintiffs failed to make out a prima facie case of negligence at trial. The circumstantial evidence presented by the plaintiffs as to the happening of the accident failed to provide sufficient facts from which the jury could reasonably infer that the allegedly negligent design and construction of the picnic table owned by the defendant...

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