Legal Opinion

Delaney v. Town Sports International

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 2011PublishedCited by 8 opinions

1Opinion of the Court

*636The plaintiff allegedly was injured when he fell over a moveable wooden platform which had been placed on the tile floor of a sauna located within the defendants’ premises. The platform was l1/2 inches off the floor with a half-inch lip or overhang, and was located approximately 9V2 inches from the sauna entrance door. The defendants moved for summary judgment contending, inter alia, that the platform did not constitute a defective condition or, alternatively, that any alleged defect was trivial in nature. The Supreme Court denied the motion. We affirm.

“Whether a dangerous or defective…

2Cases cited11 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  3. Argenio v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Perez v. 655 Montauk, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Hahn v. WilhelmAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by8 opinions

  1. Sahni v. Kitridge Realty Co.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Griffith v. Jk Chopra HoldingAppellate Division of the Supreme Court of the State of New York · 2013
  3. Habecker v. KFC U.S. Properties, Inc.District Court, E.D. New York · 2013
  4. Griffith v. Jk Chopra HoldingAppellate Division of the Supreme Court of the State of New York · 2013
  5. Hammonds v. Burlington Coat Factory Warehouse CorporationDistrict Court, S.D. New York · 2023

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