Biondolillo v. City of New York

In an action to recover damages for personal injuries, etc., the defendant Tweety Day Care appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Plug, J.), dated January 23, 2004, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed in its entirety.

The infant plaintiff was injured when he fell from monkey bars located in a Queens park while engaged in a day care program…