Wilkes v. YMCA of Greater New York
Opinion of the Court
The affidavit of the plaintiff’s expert, who opined that defendants were negligent for failing to pad the wall behind the basket, given the proximity of the wall to the out-of-bounds line, was insufficient to raise a triable issue of fact, since the expert failed to identify any specific industry standard relied upon in reaching her opinion (see Musante v Oceanside Union Free School Dist., 63 AD3d 806, 808 [2009], lv denied 13 NY3d 704 [2009]; Hotaling v City of New York, 55 AD3d 396 [2008], affd 12 NY3d 862 [2009]; cf. Greenburg v Peekskill City School Dist., 255 AD2d 487 [1998]). Concur — Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.