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CUMMINGS v. NEW YORK CITY HOUSING AUTHORITY

261 A.D.2d 335 (1999)

691 N.Y.S.2d 424

ENJOLIQUE CUMMINGS, an Infant, by Her Mother and Natural Guardian, ZINA W. CUMMINGS, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 27, 1999.

In this action for injuries to a child who struck a fence while sledding on defendant's property, summary judgment is precluded by the existence of factual issues concerning the fence's allegedly defective height differential between its bottom and the ground, as well as foreseeability and proximate cause, particularly since the accident involves an eight year old (see, Watson v Hillside Hous. Corp., 232...

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