Appellate Division of the Supreme Court of New York, 2003

Banks v. Freeport Union Free School District

Appellate Division of the Supreme Court of New York · Decided February 3, 2003

302 A.D.2d 341; 753 N.Y.S.2d 890

Cases that cite this one

24 later published cases cite this decision.

Gray v. South Colonie Central School District (Appellate Division of the Supreme Court of New York 2009)
Daefler v. Briarcliff Manor Union Free School District (Appellate Division of the Supreme Court of New York 2010)
K.A. v. City of New York (Appellate Division of the Supreme Court of New York 2020)
Augustine v. City of New York (Appellate Division of the Supreme Court of New York 2020)
Eskridge v. TJBM Enters., Inc. (Appellate Division of the Supreme Court of New York 2019)
I.S. v. City of New York (Appellate Division of the Supreme Court of New York 2019)
Pochat v. Monroe Woodbury Centrad School District (Appellate Division of the Supreme Court of New York 2016)
Castillo v. Wil-Cor Realty Co. (Appellate Division of the Supreme Court of New York 2013)
Castillo v. Wil-Cor Realty Co. (Appellate Division of the Supreme Court of New York 2013)
Y.H. v. Town of Ossining (Appellate Division of the Supreme Court of New York 2012)
Y.H. v. Town of Ossining (Appellate Division of the Supreme Court of New York 2012)
Giulini v. Union Free School District 1 (Appellate Division of the Supreme Court of New York 2010)
Bergin v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2008)
Miller v. Kings Park Central School District (Appellate Division of the Supreme Court of New York 2008)
Gover v. Mastic Beach Property Owners Ass'n (Appellate Division of the Supreme Court of New York 2008)
Reid v. City of New York (Appellate Division of the Supreme Court of New York 2007)
Angelone v. City of New York (Appellate Division of the Supreme Court of New York 2007)
Cannizzaro v. Simco Management Co. (Appellate Division of the Supreme Court of New York 2006)
Khan v. Bangla Motor & Body Shop, Inc. (Appellate Division of the Supreme Court of New York 2006)
Swan v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2006)
Sobti v. Lindenhurst School District (Appellate Division of the Supreme Court of New York 2006)
Ealey v. City of New York (Appellate Division of the Supreme Court of New York 2005)
Lowenthal v. Theodore H. Heidrich Realty Corp. (Appellate Division of the Supreme Court of New York 2003)
Mestric v. Martinez Cleaning Co. (Appellate Division of the Supreme Court of New York 2003)

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 plaintiffs appeal from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated March 27, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly was injured on a school playground when, during the course of playing on the “monkey bars,” she failed to catch hold of one of the bars and fell to the ground.

The defendant established its entitlement to judgment as a matter of law by demonstrating that the wood chip ground cover used as an impact cushioning under the monkey bars was maintained in a reasonably safe condition (see Rhabb v *342New York City Hous. Auth., 41 NY2d 200). In opposition, the plaintiffs failed to raise a triable issue of fact sufficient to warrant denial of the motion (see Alvarez v Prospect Hosp., 68 NY2d 320). Neither the deposition testimony nor the affidavit of the plaintiffs’ expert was sufficient, as the expert never inspected or measured the ground cover, and his opinion was based solely upon photographs of the scene and his review of affidavits. Accordingly, it was insufficient to raise a triable issue of fact as to whether the depth of the ground cover was adequate (see Leggio Gearhart, 294 AD2d 543, 544; Lopez v Free-port Union Free School Dist., 288 AD2d 355, 356; Merson v Syosset Cent. School Dist., 286 AD2d 668, 670). S. Miller, J.P., Schmidt, Townes and Crane, JJ., concur.

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