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BUTLER v. CITY OF GLOVERSVILLE

12 N.Y.3d 902 (2009)

RACHAEL J. BUTLER, an Infant, by Her Parent and Guardian, MARY J. BUTLER, et al., Appellants, v. CITY OF GLOVERSVILLE et al., Defendants, and GLOVERSVILLE ENLARGED SCHOOL DISTRICT et al., Respondents.

Court of Appeals of New York.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Zwiebel and Fairbanks, P.C., Kingston (Alan S. Zwiebel of counsel), for appellants.

Mills Law Firm, LLP, Clifton Park (Christopher K. Mills of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint reinstated against all defendants.

Plaintiff, a young girl, fractured her clavicle and femur after falling off a playground slide on property owned and maintained by defendants. It is undisputed that at other playgrounds operated by defendants, protective ground cover, such as pea stone, had been installed around playground equipment...

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