OSORIO v. THOMAS BALSLEY ASSOCIATES

1631, 6924/03

69 A.D.3d 402 (2010)

892 N.Y.S.2d 92

2010 NY Slip Op 2

ALBERTO OSORIO JR., an Infant, by MILAGROS OSORIO, His Mother and Natural Guardian, et al., Respondents, v. THOMAS BALSLEY ASSOCIATES, Appellant, et al., Defendants.

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

Decided January 5, 2010.


The 12-year-old plaintiff was injured when, while playing tag with his friends, he climbed onto a "ballet bar" or "stretching bar" in the adult fitness area of a municipally-owned park, and fell over an adjacent perimeter fence, dropping approximately nine feet to the sidewalk outside the park. Plaintiff sued two municipal defendants, who are not parties to this appeal, and Thomas Balsley Associates, the landscape architectural firm which designed the playground.

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