Legal Opinion
Foreman v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 2016No. 2014-11294PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered October 8, 2014, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.
The plaintiff allegedly sustained personal injuries when she was struck in the chest by a baseball while sunbathing on Tobay Beach in the defendant Town of Oyster Bay.
To prove a prima facie case of negligence, a…
2Cases cited11 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Solomon v. City of New YorkNew York Court of Appeals · 1985
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Benjamin v. City of New YorkNew York Court of Appeals · 1984
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3Cited by1 opinion
- Celestin v. 40 Empire Blvd., Inc.Appellate Division of the Supreme Court of the State of New York · 2019