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PETERS v. CITY OF NEW YORK

61 A.D.3d 431 (2009)

876 N.Y.S.2d 59

BROOK PETERS et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 7, 2009.

The infant plaintiff allegedly was injured while climbing an eight-foot fence around a public playground when he slipped and got caught on one of the six-inch spikes at the top. Through plaintiffs' testimony and photographs of the fence, defendants established prima facie that the fence was in a reasonably safe condition and that the spikes were open and obvious (see Koppel v Hebrew Academy of Five Towns,

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