HERNANDEZ, JR. v. CITY OF NEW YORK


267 A.D.2d 280 (1999)

699 N.Y.S.2d 901

ENRIQUE HERNANDEZ, JR., an Infant, by His Mother and Natural Guardian, ELIZABETH VEGA, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided December 13, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The nearly 14-year-old plaintiff was injured while sledding down a hill at Sunset Park in Brooklyn when, unable to stop, he collided with a chain-link fence at the bottom of the hill. At his examination before trial, he testified that before the day of the accident he had gone sledding on another slope of the same hill. He further testified that the entire hill was covered with ice beneath the...

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