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SERRANO v. NEW YORK CITY HOUSING AUTHORITY

268 A.D.2d 230 (2000)

701 N.Y.S.2d 35

ALEXANDER SERRANO et al., Appellants-Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant.

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

Decided January 6, 2000.

The motion was properly granted. The nine-year-old plaintiff testified at his deposition that he had crossed over the allegedly dangerous rope-chain fence bordering a walkway on defendant's housing complex countless times in the past without incident, including at least twice on the day he tripped over it after retrieving a ball errantly thrown by one of his friends, and that he looked at the fence just before he unsuccessfully...

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