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TAVARES v. CITY OF NEW YORK

2010-07208.

88 A.D.3d 689 (2011)

930 N.Y.S.2d 462

2011 NY Slip Op 7028

KIWAN TAVARES, an Infant, by His Mother and Natural Guardian, LOURDES TAVARES, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided October 4, 2011.

Ordered that the order is affirmed, with costs.

On June 28, 2007, the infant plaintiff, Kiwan Tavares, allegedly was injured in a playground when he fell from a ladder on a jungle gym. The playground was owned by the defendant, City of New York.

The defendant established its prima facie entitlement to judgment as a matter of law by offering evidence that it neither created nor had actual or constructive notice of any dangerous conditions on the ladder (

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