Babbie v. Boisvert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Lahtinen, J.), entered January 11, 2000 in Clinton County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff Jean M. Babbie (hereinafter plaintiff) and her husband, derivatively, commenced this negligence action for personal injuries sustained when she fell while attempting to sit at a picnic table owned by defendants. Plaintiffs alleged, inter alia, that defendants were negligent in failing to properly design the picnic table in that the seat was too narrow and too close to the table and/or by allowing this…
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