SMITH v. NEW YORK CITY HOUSING AUTHORITY


52 A.D.3d 808 (2008)

861 N.Y.S.2d 379

ISHYRA SMITH, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided June 24, 2008.


Ordered that the order is affirmed, without costs or disbursements.

On September 7, 2004 the eight-year-old plaintiff allegedly was injured at a playground on the defendant's premises when she climbed on an inverted fish tank and the glass broke, causing injuries to her leg. The plaintiff's mother testified that the fish tank had not been in the playground the day before, but that it was there when she and the plaintiff arrived late in the afternoon or evening on...

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