Orelli v. Showbiz Pizza Time, Inc.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Hall, J.), dated October 31, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff Joseph Orelli, then two years old, allegedly was injured when he fell off a coin-operated ride at a restaurant owned by the defendants. After the ride ended, the infant plaintiff’s six-year-old sister, who had been on the ride with him, stepped off the ride, turned around, saw the infant plaintiff on the floor crying, and told her father. The infant plaintiff and his mother commenced this action alleging that the defendants were negligent. The Supreme Court granted the defendants’ motion for summary judgment dismissing the complaint. We affirm.
The defendants established prima facie their entitlement to summary judgment (see generally Bernstein v City of New York,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.