Legal Opinion · Dissent

Rogers v. Spirit Cruises, Inc.

Appellate Terms of the Supreme Court of New York

Decided March 5, 2003Published

1DissentGangel-Jacob, J.

The negligence action stems *336(a)from allegations that on September 7, 1997, at approximately 3:00 p.m., plaintiff Cecelia Rogers fractured her right elbow when she tripped and fell on a pile of garbage bags strewn across a public walkway abutting Pier 61 in Manhattan. The pier area was leased by the State of New York to defendant Chelsea Piers, L.P., which, in turn, subleased a portion of the pier area and granted mooring rights to defendant Spirit Cruises, Inc. Pursuant to its main lease agreement with the state, defendant Chelsea Piers was obligated to “keep or cause to be kept clean and…

2Cases cited19 opinions

  1. Tagle v. JakobNew York Court of Appeals · 2001
  2. Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
  3. Jacqueline E. Michalski v. The Home Depot, Inc.Court of Appeals for the Second Circuit · 2000
  4. Cohen v. Heritage Motor Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Comeau v. WrayAppellate Division of the Supreme Court of the State of New York · 1997

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