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LEONARD v. COUNTY OF SUFFOLK

21 A.D.3d 1065 (2005)

801 N.Y.S.2d 157

KEVIN LEONARD et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

September 26, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The County of Suffolk failed to establish its entitlement to judgment as a matter of law dismissing the complaint on the ground that the infant plaintiff, then seven years old, assumed the risk of playing on the subject monkey bar apparatus (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; Rivera v. Board of Educ. of City of Yonkers...

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