Legal Opinion
McCarthy v. State of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 1990PublishedCited by 12 opinions
1Opinion of the Court
In a claim to recover damages for personal injuries, etc., the claimant appeals from a judgment of the Court of Claims (Silverman, J.), entered January 11, 1989, which, after a nonjury trial, dismissed the claim on the merits.
Ordered that the judgment is affirmed, with costs.
The infant claimant was injured in a playground when she fell to the ground from a horizontal ladder. The claim based upon negligence in maintenance and/or design of the ladder was dismissed after a nonjury trial, and we affirm. The claim*517ant adduced no competent proof (1) that the height of the horizontal ladder was…
2Cases cited2 opinions
- McGill v. 39 Casino Street Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Stewart v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by12 opinions
- Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Capotosto v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2003
- Merson v. Syosset Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- Miller v. Kings Park Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Pinzon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
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