GONZALEZ v. CITY OF NEW YORK


300 A.D.2d 626 (2002)

753 N.Y.S.2d 101

ALVARO A. GONZALEZ et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and KAY-BEE CONSTRUCTION COMPANY, INC., Appellant.

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

Decided December 30, 2002.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Kay-Bee Construction Company, Inc., and the action against the remaining defendants is severed.

The infant plaintiff allegedly was injured when he fell from the "monkey bars" in the playground at P.S. 62 in Queens. His mother, individually and on his behalf, subsequently commenced...

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