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SERRANO v. CITY OF NEW YORK

256 A.D.2d 176 (1998)

681 N.Y.S.2d 528

CHRISTIAN SERRANO, an Infant, by His Parent and Natural Guardian, ANIBAL SERRANO, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided December 17, 1998.

This is an action to recover for injuries allegedly sustained by the infant plaintiff as the result of another child's setting fire to flammable aerosol paint found in a rubbish-strewn vacant lot owned by defendant City, which children allegedly used for play. The complaint was properly dismissed because, even assuming that the lot can be likened to a park and that the City had notice that rubbish fires periodically occurred there...

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