Peacock v. City of Rochester

Appellate Division of the Supreme Court of New York

Peacock v. City of Rochester

175 A.D.2d 628, 573 N.Y.S.2d 938, 1991 N.Y. App. Div. LEXIS 10160

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1991·Published

Opinion

Order unanimously affirmed without costs. Memorandum: The court properly denied defendant’s motion for summary judgment. Plaintiff was injured while ice skating at Manhattan Square Park and has alleged that her injuries resulted from defendant’s negligent supervision of a potentially dangerous activity. Defendant has failed to establish as a matter of law that its supervision could not have been negligent (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Noeller v County of Erie, 145 AD2d 919). (Appeal from Order of Supreme Court, Monroe County, Willis, J.— [629]*629Summary Judgment.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Order unanimously affirmed without costs. Memorandum: The court properly denied defendant’s motion for summary judgment. Plaintiff was injured while ice skating at Manhattan Square Park and has alleged that her injuries resulted from defendant’s negligent supervision of a potentially dangerous activity. Defendant has failed to establish as a matter of law that its supervision could not have been negligent (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Noeller v County of Erie, 145 AD2d 919). (Appeal from Order of Supreme Court, Monroe County, Willis, J.— [629]*629Summary Judgment.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

Peacock v. City of Rochester, 175 A.D.2d 628, 573 N.Y.S.2d 938, 1991 N.Y. App. Div. LEXIS 10160 (N.Y. Ct. App. 1991).

Pincite

175 A.D.2d 628 (Peacock v. City of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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