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ESCALET v. NEW YORK CITY HOUSING AUTHORITY

56 A.D.3d 257 (2008)

867 N.Y.S.2d 62

DESTENY ESCALET, an Infant, by Her Mother and Natural Guardian, MELISSA QUINONEZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

November 6, 2008.

The infant plaintiff was injured when she fell from the top of a fence that was approximately 10 to 12 feet tall. The fence surrounded a grass area that was not a designated play area. Although the fence was locked, plaintiff gained access to the area where the accident occurred by crawling through a hole in the fence that had allegedly been in existence for more than five years. Plaintiff fell from a different section of the fence...

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