Stewart v. New York City Housing Authority

Order, entered on January 30, 1969, resolving the issue of negligence in favor of plaintiffs, after a jury trial, unanimously reversed on the law and on the *902facts, without costs or disbursements, and the complaint dismissed. The infant plaintiff sustained injuries when he fell from a convex-shaped playground monkey-bar apparatus. Plaintiffs did not claim lack of adequate supervision by defendant or that the apparatus itself was unsafe# and there was no competent proof adduced that the asphalt surface beneath the apparatus, upon which the infant plaintiff fell, was improperly constructed or…