Serrano v. New York City Housing Authority

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 29, 1998, which, in an action for personal injuries allegedly caused by a dangerous fence on defendant’s property, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly granted. The nine-year-old plaintiff testified at his deposition that he had crossed over the allegedly dangerous rope-chain fence bordering a walkway on *231defendant’s housing complex countless times in the past without incident, including at least twice on the day he tripped over…