PETERS v. CITY OF NEW YORK (2009)

Supreme Court, Appellate Division, First Department, New York.

Brook PETERS, etc., et al., Plaintiffs-Appellants, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: April 07, 2009

ANDRIAS, J.P., FRIEDMAN, McGUIRE, MOSKOWITZ, JJ.

Weitz & Luxenberg, P.C., New York (Lawrence Goldhirsch of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered November 15, 2007, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The infant plaintiff allegedly was injured while climbing an eight-foot fence around a public playground when he slipped and got caught on one of the six-inch spikes at the top. Through plaintiffs' testimony and photographs of the fence, defendants established prima facie that the fence was in a reasonably safe condition and that the spikes were open and obvious (see Koppel v. Hebrew Academy of Five Towns, 191 A.D.2d 415, 594 N.Y.S.2d 310 [1993], lv. denied 82 N.Y.2d 652, 601 N.Y.S.2d 582, 619 N.E.2d 660 [1993] ). In opposition, plaintiffs failed to raise an issue of fact as to these issues or the negligent design or construction of the fence (see id.).

We have considered plaintiffs' remaining contentions and find them unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network