Legal Opinion
Tavares v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2011PublishedCited by 7 opinions
1Opinion of the Court
*690On June 28, 2007, the infant plaintiff, Kiwan Tavares, allegedly was injured in a playground when he fell from a ladder on a jungle gym. The playground was owned by the defendant, City of New York.
The defendant established its prima facie entitlement to judgment as a matter of law by offering evidence that it neither created nor had actual or constructive notice of any dangerous conditions on the ladder (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In his affidavit submitted in opposition, the plaintiffs’ expert relied upon alleged violations of guidelines promulgated by the Consumer…
2Cases cited3 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Merson v. Syosset Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- Washington v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Zachary G. v. Young Israel of WoodmereAppellate Division of the Supreme Court of the State of New York · 2012
- Cohen v. Half Hollow Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
- Dyer v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
- Boland v. North Bellmore Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2018
- Dyer v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
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