Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff's backyard abuts property owned by the defendants, a six-story residential complex, which includes a parking garage on top of which a fenced playground or recreational area is located. The elevated playground overlooks the plaintiff's back yard and the yards of several other home-owners.
The plaintiff was injured when a youth living...
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