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WATSON v. HILLSIDE HOUS. CORP.

232 A.D.2d 252 (1996)

648 N.Y.S.2d 94

Mark Watson, an Infant, by His Mother and Natural Guardian, Ullanaie Woods, et al., Respondents, v. Hillside Housing Corp., Respondent-Appellant, and Jsa Realty Corp. et al., Appellants-Respondents Hillside Housing Corp., Third-Party Plaintiff-Respondent-Appellant, v. Ogden Allied Building & Airport Services, Inc., Also Known as Ogden Allied Services, Third-Party Defendant-Respondent-Appellant

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

October 17, 1996

Plaintiff allegedly was injured, while playing in a playground on the property of one defendant, by construction debris thrown by another child from adjacent commercial property owned by another defendant. For purposes of summary judgment, we accept that the debris had been left on the commercial property for a significant period of time, that there were holes in the fence separating the properties through which children routinely passed, and that some of these children routinely...

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