Legal Opinion

Butler v. City of Gloversville

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

Decided June 5, 2008PublishedCited by 3 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Aulisi, J.), entered May 24, 2007 in Fulton County, which denied defendants’ motions for summary judgment dismissing the complaint.

In June 2001, plaintiff Rachael J. Butler (born in 1991) (hereinafter the child) was playing at a playground near her home. As she sat at the top of the slide, her older sister gave her a push, causing the child to fall over the side of the slide and land on the ground. Plaintiffs commenced this action to recover for injuries to the child’s femur and clavicle which were broken as a result of her fall. After discovery, all…

2Cases cited17 opinions

  1. Solomon v. City of New YorkNew York Court of Appeals · 1985
  2. Lopez v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  3. Merino v.New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  4. Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
  5. Swan v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. Grandeau v. South Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  2. Bright v. McGowanAppellate Division of the Supreme Court of the State of New York · 2009
  3. Rice v. University of Rochester Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008

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