Leonard v. County of Suffolk

*1066In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated October 7, 2004, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The County of Suffolk failed to establish its entitlement to judgment as a matter of law dismissing the complaint on the ground that the infant plaintiff, then seven years old, assumed the risk of playing on the subject monkey bar apparatus (see…