Legal Opinion
Cruz v. Deno's Wonder Wheel Park
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 2002PublishedCited by 6 opinions
1Opinion of the Court
The defendants’ motion for summary judgment was properly granted. On June 20, 1997, the plaintiff was injured when she allegedly tripped and fell on uneven pavement while walking on the grounds of the defendant Deno’s Wonder Wheel Park (hereinafter Deno’s). Photographs taken by the plaintiff on the day of the incident reveal a readily apparent, but shallow, depression in the pavement which, according to the general manager of Deno’s, measured one-eighth to one-fourth inch in depth. After considering the dimensions and appearance of the alleged defect along with the relevant circumstances of…
2Cases cited5 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Hargrove v. Baltic EstatesAppellate Division of the Supreme Court of the State of New York · 2000
- Santiago v. United Artists Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Marinaccio v. LeChambord RestaurantAppellate Division of the Supreme Court of the State of New York · 1998
- Neumann v. Senior Citizens Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Garcia v. Jesuits of Fordham, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- DeCarlo v. Village of Dobbs FerryAppellate Division of the Supreme Court of the State of New York · 2007
- Kosarin v. W & S Associates, LPAppellate Division of the Supreme Court of the State of New York · 2004
- Alonso v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Pancella v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
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