KROLL v. WATT


309 A.D.2d 1265 (2003)

764 N.Y.S.2d 731

ALAN KROLL, Individually and as Parent and Natural Guardian of BRITTANY KROLL, an Infant, Respondent, v. ANDREW C.S. WATT et al., Appellants.

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

Decided October 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this negligence action to recover for injuries sustained by his 10-year-old daughter, Brittany, when she attempted to jump from a jogging trampoline to a swing set while playing at defendants' residence. Brittany testified at her deposition that, prior to the accident on August 12, 1996, she, defendants' children...

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