Legal Opinion

Musachio v. Smithtown Central School District

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2009PublishedCited by 11 opinions

1Opinion of the Court

The infant plaintiff (hereinafter the plaintiff), a seventh grader at Smithtown Middle School, allegedly slipped and fell during lunch period on an accumulation of water in the school cafeteria. The accident occurred when the plaintiff attempted to sit down on a seat in the cafeteria, which required him to first step over a bench. As he was doing so, he allegedly slipped on the water and fell to the floor, thereby sustaining personal injuries. After the plaintiffs commenced this action to recover damages for the personal injuries, the defendant moved for summary judgment dismissing the…

2Cases cited4 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
  3. Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by11 opinions

  1. Guo v. Quong Big Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Feola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Farren v. Board of Educ. of City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Gray v. LifetitzAppellate Division of the Supreme Court of the State of New York · 2011
  5. Gomez v. David Minkin Residence Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 2011

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