Legal Opinion
Roska v. Town of Cheektowaga
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998No. Appeal No. 2PublishedCited by 4 opinions
1Opinion of the Court
—Order insofar as appealed from reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff fractured her ankle during a game of softball when the base into which she was sliding became detached and her ankle hit a metal spike to which the base had been attached. She commenced this action against defendant, the owner of the park where the accident occurred. Defendant moved for summary judgment, arguing that it was not negligent in its maintenance of the base and that plaintiff assumed the risk of her injuries. Supreme Court concluded that an issue of fact…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Morgan v. StateNew York Court of Appeals · 1997
- Totino v. Nassau County Council of Boy Scouts of AmericaAppellate Division of the Supreme Court of the State of New York · 1995
- Swan v. Town of Grand IslandAppellate Division of the Supreme Court of the State of New York · 1996
- Stackwick v. Young Men's Christian Ass'n of Greater RochesterAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
- Hawkes v. Catatonk Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Peris v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Sajkowski v. Young Men's Christian Ass'n of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Herman v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 1998