Legal Opinion

Tilinsky v. City of New York

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

Decided October 28, 1938PublishedCited by 5 opinions

1Opinion of the Court

The infant plaintiff sues the city of New York and the board of education to recover damages for personal injuries; his mother, for loss of services and expenses. The injuries were sustained when a gate attached to a fence inclosing the property of the board of education and abutting the sidewalk fell on the infant while he was walking on the sidewalk. The court dismissed the complaint on the merits against both defendants. Judgment dismissing on the merits the mother’s and infant’s causes of action modified by striking out the provision as to the infant’s cause of action and by inserting a…

2Cases cited3 opinions

  1. Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
  2. Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
  3. Russo v. City of New YorkNew York Court of Appeals · 1932

3Cited by5 opinions

  1. Francies v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1957
  2. Hector v. City of New YorkNew York Supreme Court · 1948
  3. Blake v. New York City Housing AuthorityNew York Supreme Court · 1962
  4. Feldman v. City of New YorkCity of New York Municipal Court · 1948
  5. Martello v. Board of EducationCivil Court of the City of New York · 1966

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