Legal Opinion

Elliott v. City of New York

New York Court of Appeals

Decided March 27, 2001PublishedCited by 95 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

After playing a few innings of softball at an athletic field located at John F. Kennedy High School, a public school in the Bronx, plaintiff claims that he left the field and headed toward an adjacent set of bleachers. He climbed five rows of seating and sat on the top row. There were no handrails on either of the open ends of the bleachers. Ten minutes later, when it began to rain, plaintiff attempted to descend the bleachers. After taking his first step, he lost his balance and fell approximately four feet to the ground below, sustaining injuries.

Plaintiffs…

2Cases cited11 opinions

  1. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
  2. Martin v. HerzogNew York Court of Appeals · 1920
  3. Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
  4. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  5. Long v. Forest-FehlhaberNew York Court of Appeals · 1982

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3Cited by95 opinions

  1. Sheila C. v. PovichAppellate Division of the Supreme Court of the State of New York · 2004
  2. In Re Methyl Tertiary Butyl Ether Products Liability LitigationDistrict Court, S.D. New York · 2005
  3. Bauer v. Female Academy of the Sacred HeartNew York Court of Appeals · 2002
  4. Martinez v. KhaimovAppellate Division of the Supreme Court of the State of New York · 2010
  5. City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007

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