Playground Injuries

March 2, 2015 by mjpospis

“Monkey Bar” Playground Injury Case Continues

In DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident,…

Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design

Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…