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VALLE v. CITY OF NEW YORK

247 A.D.2d 534 (1998)

668 N.Y.S.2d 474

Christian Valle, Respondent, v. City of New York, Appellant

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

February 17, 1998

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Shortly after midnight on July 5, 1990, the plaintiff climbed through a hole in the fence surrounding the pool at Astoria Park in Queens. At that time, the pool was closed. The plaintiff, who was 16 years old at the time, had never been diving or swimming before, and had never been to the pool at Astoria Park. The plaintiff ran to the edge of the pool...

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