KOSICKI v. SPRING GARDEN ASSOCIATION, INC.


42 A.D.3d 909 (2007)

839 N.Y.S.2d 660

HEIDI KOSICKI, as Parent and Natural Guardian of A.K., an Infant, Appellant, v. SPRING GARDEN ASSOCIATION, INC., Doing Business as SPRING GARDEN PARK, Respondent.

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

Decided July 6, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, with respect to the condition of the ground under the swing in question and as modified the order is affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries sustained by her seven-year-old daughter when she fell from...

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