Brennan v. City of New York

Asch and Milonas, JJ.,

dissent in a memorandum by Milonas, J., as follows: The instant action concerns a claim for damages arising out of personal injuries allegedly sustained by the infant plaintiff on October 14, 1978 when, while playing with her two young sisters, she slipped and struck her head on a cement bench, necessitating her hospitalization for six or seven days. It is plaintiff’s condition that defendant City of New York was negligent in the construction and maintenance of the playground area in question, located at Hutchinson River Parkway and Wilkinson Avenue in The Bronx. On or…