DSB obtained summary judgment on behalf of a residential property owner in Bronx County, New York in a personal injury action involving an infant who was injured due to a falling flower planter on a wall. The infant Plaintiff climbed onto the exterior wall and the flower planter dislodged and fell onto him. The Court held there was no evidence that the planter was inherently dangerous and defective and the homeowner could not reasonably be expected to guard against plaintiff’s decision to climb a wall when there was a safe means of egress available to the child.
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