Legal Opinion
Connell v. City of New York
Civil Court of the City of New York
Decided December 7, 1979PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Bernard Fuchs, J.
Plaintiffs’ note of issue was served in March, 1976. The action, pending since 1972, is for personal injuries from a *586bicycle fall on a Prospect Park walk, allegedly due to defendants’ negligent maintenance. Defendants move for summary judgment, contending that there is no legal duty to maintain a walk in safe condition for bicycling.
By cross motion plaintiffs seek to stay the motion and compel production of documents in defendants’ exclusive possession which will show, plaintiffs claim, that the walk was a bicycle path. (See CPLR 3212, subd [fj.) Without…
2Cases cited15 opinions
- Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
- Lerner Stores Corp. v. Parklane Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Platzman v. American Totalisator Co.New York Court of Appeals · 1978
- Utica Sheet Metal Corp. v. J. E. Schecter Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Golding v. WeissmanAppellate Division of the Supreme Court of the State of New York · 1970
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3Cited by1 opinion
- Seidman v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1990