RODNEY v. TOWN OF BROOKHAVEN


228 A.D.2d 486 (1996)

644 N.Y.S.2d 321

Santa Rodney et al., Appellants, v. Town of Brookhaven, Respondent

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

June 10, 1996


Ordered that the judgment is affirmed, with costs.

The plaintiffs Santa Rodney and her husband Ronald Rodney commenced this action sounding in negligence based upon an incident in which Mrs. Rodney fell from a swing at the playground at Shirley Beach in Shirley, New York. Mrs. Rodney contended that the lifeguard, Dina Ruisi, who helped her at the lifeguard station following the accident, made statements to the effect that the defendant Town was aware of the broken...

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