MASTERSON v. CITY OF NEW YORK


272 A.D.2d 591 (2000)

709 N.Y.S.2d 831

MICHAEL MASTERSON, an Infant, by His Mother and Natural Guardian, PHYLLIS MASTERSON et al., Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. TONY RUGGIERO, INC., et al., Third-Party Defendants.

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

Decided May 30, 2000.


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

The Supreme Court properly determined that there was no evidence demonstrating that the defendant was responsible for the wet condition of the slide where the infant plaintiff was injured. The defendant made a prima facie showing of its entitlement to summary judgment, thereby shifting the burden to the plaintiffs to establish the existence of a material issue of fact to preclude the granting...

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