Legal Opinion

Garcia v. City of New York

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

Decided October 20, 1994PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.

The salient facts of this wrongful death action are not in dispute. Testimony at trial revealed that during a hot summer night on July 21, 1985, decedent Ana Garcia, a 32-year-old woman, illegally entered a public swimming pool facility in Van Cortlandt Park in the late evening and well after the pool had officially closed for the day. There were approximately 50 to 100 illegal swimmers already in the pool area, a number of whom had coolers and were drinking alcoholic beverages. The lights were off and no lifeguards or life-saving equipment were in the pool…

2Cases cited23 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  3. Turcotte v. FellNew York Court of Appeals · 1986
  4. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  5. De Long v. County of ErieNew York Court of Appeals · 1983

18 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  2. Potter v. KorfhageAppellate Division of the Supreme Court of the State of New York · 1997
  3. Leiching v. Consolidated Rail Corp.District Court, N.D. New York · 1995
  4. Kastick v. U-Haul Co. of Western MichiganAppellate Division of the Supreme Court of the State of New York · 1999
  5. Babcock v. County of OswegoNew York Supreme Court · 1996

5 more not listed; retrieve them via the Exa API.

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