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S.-B. v. RADINCIC

9515, 156539/16.

173 A.D.3d 407 (2019)

103 N.Y.S.3d 375

2019 NY Slip Op 04324

S.-B., on Behalf of Deandre S.-B., et al., Appellants, v. Damir Radincic, Respondent.

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

Decided June 4, 2019.

Defendant established prima facie that he neither created nor had actual or constructive notice of the alleged dangerous condition of his backyard, where the infant plaintiff (Deandre) was injured playing on tree logs (see Delosangeles v Asian Ams. for Equality, Inc., 40 A.D.3d 550, 551 [1st Dept 2007]). Defendant testified that he had had the tree cut down and the logs stacked along a property fence line several years earlier and...

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