Stewart v. New York City Housing Authority
| Decision Date | 29 January 1970 |
| Citation | 33 A.D.2d 901,307 N.Y.S.2d 674 |
| Parties | Patrick STEWART, an infant under the age of 14, by his guardian, William Stewart, and William Stewart, Plaintiffs-Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Joseph M. Irom, Bronx, for plaintiffs-respondents.
J. Nielsen, New York City, for defendant-appellant.
Before STEVENS, P.J., and CAPOZZOLI, McGIVERN, STEUER, and TILZER, JJ.
Order, entered on January 30, 1969, resolving the issue of negligence in favor of plaintiffs, after a jury trial, unanimously reversed on the law and on the facts, without costs or disbursements, and the complaint dismissed.
The infant plaintiff sustained injuries when he fell from a convexshaped playground monkey-bar apparatus. Plaintiffs did not claim lack of adequate supervision by defendant or that the apparatus itself was unsafe, and there was no competent proof adduced that the asphalt surface beneath the apparatus, upon which the infant plaintiff fell, was improperly constructed or maintained or that it constituted an unsafe and dangerous condition for which defendant should be cast in damages. (McGill v. 39 Casino Street Corp., 16 A.D.2d 832, 229 N.Y.S.2d 26.) Plaintiffs' expert's testimony was clearly inadequate and did not constitute such requisite competent proof as would justify distinguishing the last cited case from the case at bar.
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...constitute an unsafe and dangerous condition so as to subject the owner of a playground to liability (Stewart v. New York City Hous. Auth., 33 A.D.2d 901, 307 N.Y.S.2d 674 [1st Dept.1970]; McGill v. 39 Casino St. Corp., 16 A.D.2d 832, 229 N.Y.S.2d 26 [2d Dept. 1962]. The only case plaintiff......
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...injury. Unless such a duty to plaintiff is established, a prima facie case of negligence is not made out (Stewart v. New York City Hous. Auth., 33 A.D.2d 901, 307 N.Y.S.2d 674; McGill v. 39 Casino St. Corp., 16 A.D.2d 832, 229 N.Y.S.2d 26; see also, Rosado v. State of New York, 139 A.D.2d 8......
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