The waterfall, a naturally occurring phenomenon within the grounds of Bronx River Park, was not open to the public. There was a four-foot high pipe rail fence blocking access to the waterfall, beyond which was a six-foot drop. There was testimony that the City had erected a second, 15-foot high chain link fence to block access to the waterfall but that the fence often had to be repaired because of "sneak holes" made by people accessing the waterfall. According to plaintiff...
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