Legal Opinion

DiGiacomo v. Town of Babylon

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

Decided January 28, 2015No. 2013-05697PublishedCited by 15 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Asher, J.), entered January 17, 2013, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

This action was commenced to recover damages for injuries allegedly sustained by the then six-year-old infant plaintiff when she fell from a horizontal ladder, sometimes referred to as a “monkey bar” or horizontal bar (hereinafter the bar), at a playground in the Phelps Lane Memorial Park. At the time of the…

2Cases cited7 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Mirand v. City of New YorkNew York Court of Appeals · 1994
  3. Douglas v. John Hus Moravian Church of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Harris v. Five Point Mission—Camp OlmstedtAppellate Division of the Supreme Court of the State of New York · 2010
  5. Oliverio v. Lawrence Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by15 opinions

  1. Butera v. Village of BellportAppellate Division of the Supreme Court of the State of New York · 2015
  2. P.D. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2024
  3. Alexander v. RippeAppellate Division of the Supreme Court of the State of New York · 2026
  4. B.T. v. Bethpage Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Diaz v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2016

10 more not listed; retrieve them via the Exa API.

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