SMITH v. CITY OF NEW YORK

5146, 5147, 117109/07.

84 A.D.3d 631 (2011)

923 N.Y.S.2d 504

ISAIAH SMITH, an Infant, by His Mother and Natural Guardian, SHATISHA SMITH-HAYWOOD, et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and THE DI GENNARO FAMILY YPDC LLC, Respondent.

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

Decided May 24, 2011.


The infant plaintiff, then nine years old, broke his arm when he fell off the monkey bars at a park during a summer camp outing. Deposition testimony established that plaintiff had broken his arm falling off monkey bars when he was in kindergarten, that his mother did not allow him to play on monkey bars, that campers were not allowed to be in the monkey bar area, which was unsupervised, and that plaintiff had told his counselor, who was 10 to 15 yards away supervising the...

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