Legal Opinion · Concurrence
Auwarter v. Malverne Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 2000Published
1Concurrence
Goldstein, J.,
concurs in part and dissents in part and votes to affirm the order insofar as appealed and cross-appealed from, with the following memorandum: The infant plaintiff, then 11 years old, fell from a chain apparatus which was part of a “jungle gym” in the playground of Downing Elementary School in Málveme, and broke his arm. This action was commenced against the manufacturer of the playground apparatus and the Málveme Union Free School District (hereinafter the School District), the owner of the property where the accident occurred. Both of the defendants moved for summary judgment.…
2Cases cited16 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Volpe v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Vonungern v. Morris Central SchoolAppellate Division of the Supreme Court of the State of New York · 1997
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