Legal Opinion

Babcock v. City of New Rochelle

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

Decided October 31, 1994Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Gurahian, J.), dated May 7, 1993, which granted the defendant’s motion for summary judgment, and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff, who was walking down a ramp after parking his car in the defendant’s parking garage, claimed that in order to escape a gunman who threatened him, he had to climb a 3-Yz foot wall and jump down to the parking level below. The plaintiff contended…

2Cases cited2 opinions

  1. Rivera v. City of New YorkNew York Court of Appeals · 1962
  2. Harris v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993

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