Mesick v. State of New York

In Mesick v. State of New York, 118 A.D.2d 214 [1986]), the 17-year-old plaintiff slipped while getting up speed to grab a rope swing attached to a tree, overhanging not only a creek but a cluster of jagged rocks, onto which plaintiff fell after missing the rope. Finding this scenario not unforeseeable, the Appellate Division, Third Department held the State of New York, which had known of and tolerated the swing's existence and use, liable for plaintiff's accident, albeit while attributing substantial comparative fault to plaintiff.