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You are here: Home1 / Negligence2 / 4 ½ Inch Drop Raised Question of Fact About Dangerous Condition and Failure ...
Negligence

4 ½ Inch Drop Raised Question of Fact About Dangerous Condition and Failure to Warn

The Fourth Department determined a 4 ½ inch drop just inside the entrance to a bowling alley raised a question of fact about whether the drop was a dangerous condition, even though no building codes applied.  In addition, there was a question of fact about the failure-to-warn cause of action.  Belsinger v M & M Bowling & Trophy Supplies, Inc, 558, 4th Dept 7-5-13

SLIP AND FALL

July 5, 2013
Tags: Fourth Department
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Stuck Door Could Constitute a “Dangerous Condition”
THE SEXUAL ABUSE ALLEGATIONS FROM THE 1990’S WERE NOT SUFFICIENTLY SIMILAR TO THE CHARGED OFFENSES AND THEREFORE DID NOT MEET THE “MODUS OPERANDI” CRITERIA UNDER MOLINEUX TO PROVE IDENTITY; NEW TRIAL ORDERED (FOURTH DEPT).
PLAINTIFF’S EXPERT’S AFFIDAVIT WAS CONCLUSORY AND DID NOT RAISE A QUESTION OF FACT ABOUT WHETHER DEFENDANTS PROXIMATELY CAUSED PLAINTIFF’S PARALYSIS, THE DISSENT DISAGREED (FOURTH DEPT).
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SUPERIOR COURT INFORMATION (SCI) JURISDICTIONALLY DEFECTIVE BECAUSE THE A FELONY COMPLAINT WAS NOT DISMISSED UNTIL AFTER THE PLEA TO THE SCI (FOURTH DEPT).

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