Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
On July 9, 2005, at approximately 9:30 P.M., the infant plaintiff was playing with other children who had been invited to the defendant's house when he allegedly fell from an unstable rock on top of a stone retaining wall on the defendant's property. The children were using flashlights. One side of the stone retaining wall...
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