Legal Opinion
Melendez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 17, 2010PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about July 1, 2009, which, in an action for personal injuries sustained when the 13-year-old plaintiff fell off the ledge at the top of a waterfall in a park owned by defendant City, after a trial on the issue of liability, granted defendant’s motion to set aside the verdict and for judgment in its favor as a matter of law, unanimously affirmed, without costs.
The waterfall, a naturally occurring phenomenon within the grounds of Bronx River Park, was not open to the public. There was a four-foot high pipe rail fence…
2Cases cited9 opinions
- Westbrook v. WR Activities-Cabrera MarketsAppellate Division of the Supreme Court of the State of New York · 2004
- In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
- Tarricone v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Diven v. Village of Hastings-On-HudsonAppellate Division of the Supreme Court of the State of New York · 1989
- Cohen v. StateAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by1 opinion
- Sugely Flores, proposed administratrix of the Estate of the Infant, M.F., deceased, Sugely Flores Individually, Yvelise Beltre, proposed administratrix of the Estate of the Infant, I.M., deceased, Oscar Moronta and Yvelise Beltre individually v. The City of New York and National Railroad Passenger Corporation d/b/a AmtrakDistrict Court, S.D. New York · 2025