Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On July 28, 2000, the eight-year-old plaintiff John Cotto allegedly was injured when he tripped over a garbage bag lying near a garbage can in a courtyard within a housing project owned by the defendant. At the time of the accident, Cotto was playing a game of "tag" with several other children, and was walking backward to retreat from another child who...
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