Legal Opinion

Mecabe v. Shmulevich

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

Decided November 21, 1994Published

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (O’Brien, J.), dated July 16, 1993, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The 12-year-old plaintiff was playing a game with the defendants’ daughter when she fell and injured her knee on the metal frame of the defendants’ bed. In their complaint, the plaintiffs alleged, inter alia, that the bed frame was in a dangerous condition.

The defendants were under a duty to…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Fellis v. Old Oaks Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Hagan v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Alberti v. StateAppellate Division of the Supreme Court of the State of New York · 1991

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