Davis v. City of Cohoes

Casey J.

Appeal from an order of the Supreme Court (Brown, J.), entered August 28, 1986 in Albany County, which denied a motion by defendant City of Cohoes for summary judgment dismissing the complaint against it.

On July 30, 1981 the infant plaintiff, 2Vz years old at the time, sustained personal injuries when he lost his balance while attempting to turn his tricycle around on Garner Street in defendant City of Cohoes in Albany County and fell down an adjacent embankment. Although the sidewalk is owned by the City, the ownership of the embankment is in dispute. The basis of the action against…