WASHINGTON v. CITY OF YONKERS


293 A.D.2d 741 (2002)

742 N.Y.S.2d 316

JAMES WASHINGTON, Respondent, v. CITY OF YONKERS, Appellant.

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

Decided April 29, 2002.


Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, and the complaint is dismissed.

Jasmine Washington was playing on a set of "monkey bars" located in Grant Park, Yonkers, when she fell and injured herself. She allegedly struck a wooden protrusion extending from the bottom of the apparatus and the asphalt surface below. Her father commenced this action on her behalf against the City of Yonkers (hereinafter the City) alleging...

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