DYER v. CITY OF ALBANY

517654.

121 A.D.3d 1238 (2014)

995 N.Y.S.2d 753

2014 NY Slip Op 07039

DEBORAH DYER, as Parent and Guardian of SCARLETT DYER, an Infant, Appellant, v. CITY OF ALBANY, Respondent, et al., Defendant.

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

Decided October 16, 2014.


McCarthy, J.

Appeal from an order of the Supreme Court (Platkin, J.), entered August 28, 2013 in Albany County, which, among other things, granted a motion by defendant City of Albany for summary judgment dismissing the complaint against it.

In September 2007, Scarlett Dyer, who was then eight years old and suffering from a congenital condition that affected her joints and prevented her from walking, sustained injuries when she fell from a swing located at...

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