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STEVENSON v. FLORE FENCE CORPORATION

262 A.D.2d 550 (1999)

691 N.Y.S.2d 340

ROBERT STEVENSON, an Infant, by His Mother and Natural Guardian, TONI STEVENSON, et al., Appellants, v. FLORE FENCE CORPORATION et al., Respondents

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

Decided June 21, 1999.

Ordered that the order is affirmed, with one bill of costs.

While climbing over a temporary fence installed by the defendant Flore Fence Corporation on property owned by the defendant Thomas Claro, the infant plaintiff, then 11 years old, fell to the ground and injured his arm. The Supreme Court properly granted summary judgment to the defendants since the record presents no issues of fact warranting a trial (see, Koppel v Hebrew Academy, 191...

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