Appellate Division of the Supreme Court of the State of New York June 5, 2008 (Butler v. City of Gloversville)

lead-opinion

Kane, J.

Appeal from an order of the Supreme Court (Aulisi, J.), entered May 24, 2007 in Fulton County, which denied defendants’ motions for summary judgment dismissing the complaint.

In June 2001, plaintiff Rachael J. Butler (born in 1991) (hereinafter the child) was playing at a playground near her home.