Legal Opinion

Merrill v. Elmira Heights Central School District

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

Decided October 21, 2010PublishedCited by 16 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Mulvey, J.), entered December 24, 2009 in Chemung County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover damages for injuries she allegedly sustained when she fell while climbing the retractable bleachers in defendant’s gymnasium. She testified that as she held the railing for support while turning into a row, it swayed, causing her to fall. The railings for these bleachers were removable, and they were assembled and installed only when the bleachers were…

2Cases cited16 opinions

  1. Ortega v. City of New YorkNew York Court of Appeals · 2007
  2. Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2007
  3. Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
  4. People ex rel. Marvin v. BiggerNew York Court of Appeals · 2001
  5. Ennis-Short v. OstapeckAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by16 opinions

  1. Mahiques v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2016
  2. Bruno v. Peak Resorts, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Martinez v. Paddock Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Payne v. Sole Di Mare, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Jamindar v. Uniondale Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

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

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