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S.P. v. TOWN OF BABYLON

2019-02028. Index No. 9706/15.

189 A.D.3d 857 (2020)

133 N.Y.S.3d 445

2020 NY Slip Op 07206

S. P. et al., Appellants, v. Town of Babylon, Respondent.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

John L. Juliano , P.C., East Northport, NY, for appellants.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( Stuart P. Besen and Lynsay A. Dyszler of counsel), for respondent.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.

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

The infant plaintiff was nine years old when she fell from a climbing rock in a playground located in the Town of Babylon and fractured her right leg. The infant plaintiff, by her father and natural guardian, and her father suing derivatively, commenced this personal injury action against the Town, alleging, inter alia, that...

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