Legal Opinion
DeMarco v. DeMarco
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 2017No. 524512PublishedCited by 4 opinions
1Opinion of the CourtRose, J.
Appeal from a judgment of Supreme Court (Nolan Jr., J.), entered October 20, 2016 in Saratoga County, upon a verdict rendered in favor of plaintiff.
Plaintiff was visiting at the home of defendants, her brother and sister-in-law, when her nine-year-old nephew asked her to jump with him on the trampoline that was located in defendants’ side yard. Initially, the nephew jumped in unison with the 48-year-old plaintiff, who had never been on a trampoline before, but then the nephew intentionally began jumping out of unison with her. As a result of the nephew’s conduct — referred to as “double…
2Cases cited25 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Custodi v. Town of AmherstNew York Court of Appeals · 2012
- Trupia v. Lake George Central School DistrictNew York Court of Appeals · 2010
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3Cited by4 opinions
- Zapata v. Yugo J & V, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Streit v. Katrine Apts. Assoc., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Bell-Moran v. PenaAppellate Division of the Supreme Court of the State of New York · 2022
- Scally v. J.B.Appellate Division of the Supreme Court of the State of New York · 2020