Legal Opinion
Berfas v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
Decided August 27, 2001PublishedCited by 9 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, Nassau County (Burke, J.), dated October 16, 2000, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The injured plaintiff (hereinafter the plaintiff) allegedly was injured while riding a bicycle in the defendant Town of Oyster Bay when he hit a rut in the road and was thrown from the bicycle to the ground. The defendant moved for summary judgment dismissing the complaint, arguing that the plaintiff assumed…
2Cases cited5 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Warren v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1998
- Schiavone v. Brinewood Rod & Gun Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Calise v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by9 opinions
- Cotty v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2009
- Quackenbush v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2007
- Vestal v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2004
- Dobert v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Phillips v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
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