Appellate Division of the Supreme Court of New York, 1970

Stewart v. New York City Housing Authority

Stewart v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided January 29, 1970
33 A.D.2d 901; 307 N.Y.S.2d 674; 1970 N.Y. App. Div. LEXIS 5633
Stewart v. New York City Housing Authority

Opinion of the Court

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 *902facts, without costs or disbursements, and the complaint dismissed. The infant plaintiff sustained injuries when he fell from a convex-shaped 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 St. Corp., 16 A D 2d 832.) 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. Concur— Stevens, P. J., Capozzoli, McGivern, Steuer and Tilzer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.