Legal Opinion

Andrea G. Ex Rel. D.W. v. City of New York

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

Decided February 2, 2017No. 2972 158123/12Published

1Opinion of the Court

Order, Supreme Court, New York County (James E. d’Auguste, J.), entered October 19, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s 13-year-old-son, D.W., was injured while running a hurdle race at a school sanctioned track-and-field event. He claims to have tripped and fallen when he failed to clear the third of three hurdles, which were between 8 and 15 inches high, and composed of two traffic cones with an unattached plastic stick placed on top.

As plaintiff does not address the motion court’s rulings that…

2Cases cited2 opinions

  1. David v. County of SuffolkNew York Court of Appeals · 2003
  2. Weinberg v. SultanAppellate Division of the Supreme Court of the State of New York · 2016

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