Marino v. State

*387In a claim, to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Nadel, J.), dated July 8, 2003, which, after a nonjury trial, is in favor of the defendant and against her, dismissing the claim.

Ordered that the judgment is affirmed, with costs.

A municipality is under a duty to maintain its park and playground facilities in a reasonably safe condition (see Nally v County of Monroe, 305 AD2d 1014 [2003]; Muzich v Bonomolo, 209 AD2d 387, 388 [1994]; cf. Nicholson v Board of Educ. of City of N.Y., 36 NY2d 798, 799 [1975]). This duty “includes not…