Kroll v. Watt

Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered April 19, 2002, which denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this negligence action to recover for injuries sustained by his 10-year-old daughter, Brittany, when she attempted to jump from a jogging trampoline to a swing set while playing at defendants’ residence. Brittany testified at her deposition that, prior to the accident on August 12,…