Appellate Division of the Supreme Court of New York, 2000

Martinez v. City of New York

Appellate Division of the Supreme Court of New York · Decided October 30, 2000

276 A.D.2d 756; 715 N.Y.S.2d 167; 2000 N.Y. App. Div. LEXIS 11005

Cases that cite this one

7 later published cases cite this decision.

O'Brien v. Asphalt Green, Inc. (Appellate Division of the Supreme Court of New York 2021)
Kornreich v. Young Men's & Young Women's Hebrew Assn. of Boro Park, Inc. (Appellate Division of the Supreme Court of New York 2015)
Rizzo v. Sherwin-Williams Co. (Appellate Division of the Supreme Court of New York 2008)
Torres v. American Building Maintenance Co. (Appellate Division of the Supreme Court of New York 2008)
Hernandez v. Yonkers Contracting Co. (Appellate Division of the Supreme Court of New York 2002)
Martinez v. City of New York (Appellate Division of the Supreme Court of New York 2002)
Rodgers v. Yale University (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bruno, J.), dated October 6, 1999, as granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contention, the defendant City of New York (hereinafter the City) was entitled to summary judgment dismissing the complaint insofar as asserted against it (see, Boltax v Joy Day Camp, 67 NY2d 617; Valdez v City of *757New York, 148 AD2d 697). A slippery condition at the edge of a swimming pool is necessarily incidental to the use of the pool (see, Valdez v City of New York, supra; Sciarello v Coast Holding Co., 242 App Div 802; see also, Beck v Broad Channel Bathing Park, 255 NY 641). Further, the granting of summary judgment to the City on this record was not premature, as there was only hope and speculation as to what additional discovery would uncover (see, Moriello v Stormville Airport Antique Show & Flea Mkt., 271 AD2d 664; Mazzaferro v Barterama Corp., 218 AD2d 643). Bracken, J. P., Thompson, Altman and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.