Legal Opinion

Simon Ex Rel. Simon v. Comsewogue School District

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

Decided October 5, 2016No. 2015-10520PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated September 8, 2015, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On October 8, 2010, at around dusk, the plaintiff allegedly tripped and fell over a chain suspended between two poles as she was walking within the property of Comsewogue High School. At the time the accident occurred, the school was hosting a pep rally, and 700 to 1,000 attendees, including the plaintiff, were…

2Cases cited9 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
  3. Mazzarelli v. 54 Plus Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Bolloli v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Shah v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by3 opinions

  1. Stempien v. WallsAppellate Division of the Supreme Court of the State of New York · 2021
  2. Butler v. NYU Winthrop Hosp.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Dillon v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2018

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