Merrill v. Elmira Heights Central School District
Appellate Division of the Supreme Court of the State of New York
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…
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