Smith v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Balter, J.), dated September 5, 2007, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, without costs or disbursements.
On September 7, 2004 the eight-year-old plaintiff allegedly was injured at a playground on the defendant’s premises when she climbed on an inverted fish tank and the glass broke, causing injuries to her leg. The plaintiffs mother testified that the fish tank had not been in the playground the day…
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