Errante v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*123OPINION OF THE COURT
Fein, J.
The infant plaintiff was injured while roller skating on East 10th Street in Manhattan, on April 11, 1972, when he allegedly fell because of a defect in the sidewalk. Defendant city moved for summary judgment on the ground that it had no obligation to maintain the sidewalk in "a condition reasonably safe for roller skaters”, an "uncustomary, out of the ordinary and unusual use”.
The moving affidavit by defendant’s attorney alleges that plaintiff was "injured when his skate fell into a hole in the sidewalk causing him to fall.” The opposing affirmation by plaintiff’s…
2Cases cited13 opinions
- Wheeler ex rel. Wheeler v. City of BooneSupreme Court of Iowa · 1899
- Cygielman v. City of New YorkNew York Supreme Court · 1978
- Hart v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1941
- Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1972
- Rivera v. City of New YorkNew York Court of Appeals · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Risner v. City of ChicagoAppellate Court of Illinois · 1986
- Larson v. City of ChicagoAppellate Court of Illinois · 1986
- Muallem v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Diefendorf v. City of PeoriaAppellate Court of Illinois · 1999
- Diefendorf v. City of PeoriaAppellate Court of Illinois · 1999
2 more not listed; retrieve them via the Exa API.