GONZALEZ v. CURT REALTY LLP


44 A.D.3d 342 (2007)

843 N.Y.S.2d 562

JAQUELINE GONZALEZ, an Infant, by Her Mother and Natural Guardian, MARIA BETANCOURT, et al., Plaintiffs, v. CURT REALTY LLP et al., Defendants and Third-Party Plaintiffs-Appellants. CITY OF NEW YORK et al., Third-Party Defendants-Respondents.

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

Decided October 4, 2007.


The City made a prima facie showing of entitlement to judgment dismissing the third-party complaint with the testimony of the infant's mother that the infant, on her occasional, supervised visits to the park, played only in the water and in plastic-bucket swings attached to a painted steel frame with swivels and unpainted metal chains, and never had any contact with the items in the park that were tested positive for lead by landlord's expert, namely, a slide handrail, a...

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