Johnson v. City of New York

In an action, inter alia, to recover damages for wrongful death, etc., the defendant appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated October 26, 2012, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

On July 26, 2008, Akira Johnson, a 10-year-old girl, and her cousin, Tyriek Currie, a 10-year-old boy, were in the water together off the beach at Coney Island. They were about five feet from each…