Sarnes v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Aliotta, J.), dated March 30, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.
*1155Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
According to the deposition testimony of the infant plaintiff, who was 12 years old at the time of the accident, he sustained injuries while attempting to do “chin-ups” on a metal bar that was…
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