Legal Opinion
Solomon v. City of New York
New York Court of Appeals
Decided December 26, 1985PublishedCited by 247 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
To establish a prima facie case of negligence, a plaintiff must demonstrate (1) a duty owed by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom (Akins v Glens Falls City School Dist., 53 NY2d 325, 333, citing Prosser, Torts § 30, at 143 [4th ed]). In its proprietary capacity, "a municipality is under a duty to maintain its park and playground facilities in a reasonably safe condition” (Nicholson v Board of Educ., 36 NY2d 798, 799). This duty…
2Cases cited7 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Benjamin v. City of New YorkNew York Court of Appeals · 1984
- Nicholson v. Board of EducationNew York Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by247 opinions
- Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006
- Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016
- Hollie M. Williams v. Utica College of Syracuse University, and Burns International Security Services Corp., Docket No. 05-1898-CvCourt of Appeals for the Second Circuit · 2006
- Percy King and George Russell v. Crossland Savings Bank and American Express CompanyCourt of Appeals for the Second Circuit · 1997
- Covey v. SimontonDistrict Court, E.D. New York · 2007
242 more not listed; retrieve them via the Exa API.