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NEGIN v. NEW YORK AQUARIUM

4 A.D.3d 511 (2004)

771 N.Y.S.2d 716

KRISTOPHER NEGIN et al., Respondents, v. NEW YORK AQUARIUM et al., Appellants. (And a Third-Party Action.)

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

February 23, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On December 3, 1992, the 13-year-old plaintiff Kristopher Negin went on a class field trip to the New York Aquarium where he was allegedly injured while attempting to jump over a bright yellow chain. The chain was about 2½ to 3 feet above the ground, and it served to prevent entry into a building. The Supreme Court denied the defendants' motion for...

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