MEDLEY v. COUNTY OF WESTCHESTER


36 A.D.3d 868 (2007)

828 N.Y.S.2d 575

SHEQUELA MEDLEY, Appellant, v. COUNTY OF WESTCHESTER, Respondent.

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

Decided January 30, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The plaintiff was injured when a small picket fence approximately three feet in height collapsed and fell on her at the Playland Amusement Park in Rye, New York, an amusement park owned by the County of Westchester. Although the County established, prima facie, that the fence in question had been properly maintained...

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