JOHNSON III v. CITY OF NEW YORK


309 A.D.2d 671 (2003)

766 N.Y.S.2d 834

MORRIS JOHNSON III, Respondent, v. CITY OF NEW YORK, Defendant, and KIPS BAY BOYS & GIRLS CLUB, INC., Appellant.

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

Decided October 28, 2003.


In this action to recover for injuries allegedly sustained by the infant plaintiff while participating in defendant-appellant's day camp, summary judgment dismissing the complaint was properly denied in light of evidence, including the deposition testimony of the infant and a camp group leader, raising triable issues as to whether plaintiff and other campers were adequately supervised and as to whether closer supervision would have prevented the accident (see Vonungern...

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