Tavares v. City of New York
Cases that cite this one
7 later published cases cite this decision.
- Boland v. North Bellmore Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2018)
- DyervCityofAlbany (Appellate Division of the Supreme Court of New York 2014)
- Cohen v. Half Hollow Hills Central School District (Appellate Division of the Supreme Court of New York 2014)
- Dyer v. City of Albany (Appellate Division of the Supreme Court of New York 2014)
- Dyer v. City of Albany (Appellate Division of the Supreme Court of New York 2014)
- Zachary G. v. Young Israel of Woodmere (Appellate Division of the Supreme Court of New York 2012)
- O'Leary v. Do-Mor Realty, LLC (Appellate Division of the Supreme Court of New York 2012)
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
The defendant established its prima facie entitlement to judgment as a matter of law by offering evidence that it neither created nor had actual or constructive notice of any dangerous conditions on the ladder (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In his affidavit submitted in opposition, the plaintiffs’ expert relied upon alleged violations of guidelines promulgated by the Consumer Products Safety Commission, “ ‘which are neither mandatory nor intended to be the exclusive standards for playground safety’ ” (Washington v City of Yonkers, 293 AD2d 741, 742 [2002], quoting Merson v Syosset Cent. School Dist., 286 AD2d 668, 670 [2001]). Thus, the expert affidavit was insufficient to raise a triable issue of fact.
Accordingly, the defendant’s motion for summary judgment dismissing the complaint was properly granted. Mastro, J.E, Florio, Eng and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.