VALENZUELA v. METRO MOTEL, LLC

2018-00287, Index No. 3113/13.

170 A.D.3d 780 (2019)

95 N.Y.S.3d 347

2019 NY Slip Op 01639

Michael Valenzuela, as Parent and Natural Guardian of M.J.V., an Infant, Respondent, v. Metro Motel, LLC, et al., Appellants.

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

Decided March 6, 2019.


Ordered that the order entered October 4, 2017, is reversed insofar as appealed from, on the law, with costs, upon renewal, the order entered September 24, 2015, is vacated, and the defendants' motion for summary judgment dismissing the complaint is granted.

On the evening of September 7, 2012, the plaintiff's infant son (hereinafter the infant) allegedly was injured when his leg became caught in a gap between two platforms on playground equipment located within premises...

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