Jimenez v. City of New York

Order, Supreme Court, New York County (Arthur F. Engoron, J), entered December 18, 2012, which, insofar as appealed from as limited by the briefs, denied so much of defendant’s motion for summary judgment as sought to dismiss the claim that the playground equipment from which the infant plaintiff fell was inherently dangerous, unanimously affirmed, without costs.

While the notice of claim may not have expressly stated that the flat, circular, spinning playground disc from which the infant fell had a defective design, the complaint alleged that the infant plaintiffs injury was caused by “the…