Legal Opinion

Conklin v. Fordham Street Boat Club, Inc.

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

Decided November 19, 1964Published

1Opinion of the Court

Memorandum by the court. Judgment reversed on the law and on the facts and the complaint dismissed, with $50 costs to defendant. The infant plaintiff was injured when she tripped and fell over a rock 12 to 14 inches in diameter and 8 inches high. Her parents were members of defendant club and there maintained a boat. Adjacent to the clubhouse there was a graded parking lot approximately 100 by 150 feet. At the time of the accident defendant was installing a track for the purpose of transporting boats from the water edge to the locker room. Truckloads of fill had been dumped in this area and…

2Cases cited5 opinions

  1. Greene v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1931
  2. Garthe v. RuppertNew York Court of Appeals · 1934
  3. Powers v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. Powers v. Montgomery Ward Co., IncorporatedNew York Court of Appeals · 1937
  5. Oldfield v. Neisner Bros.Appellate Division of the Supreme Court of the State of New York · 1955

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