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C.M. v. GASIOROWSKI

2017-13384, Index No. 68676/14.

173 A.D.3d 1156 (2019)

102 N.Y.S.3d 681

2019 NY Slip Op 05117

C.M., an Infant, by Her Mother and Natural Guardian, Regina, Montoya, et al., Respondents, v. Krzysztof Gasiorowski et al., Appellants.

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

Decided June 26, 2019.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The infant plaintiff allegedly was injured when she fell from a swing in the defendants' backyard. Thereafter, the infant plaintiff, by her mother, and her mother individually, commenced this action to recover damages for personal injuries. The defendants moved for summary judgment dismissing the complaint. By order dated...

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