Solomon v. City of New York
Decision Date | 10 June 1985 |
Citation | 111 A.D.2d 802,490 N.Y.S.2d 547 |
Parties | Carolyn SOLOMON, etc., et al., Respondents, v. The CITY OF NEW YORK, Appellant. |
Court | New York Supreme Court — Appellate Division |
Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City (Joan Handler and Miriam Skolnik, New York City, of counsel), for appellant.
Lipsig, Sullivan & Liapakis, P.C., New York City (Pamela Anagnos Liapakis and Cheryl Eisberg Moin, New York City, of counsel), for respondents.
Before LAZER, J.P., and MANGANO, O'CONNOR and BROWN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., defendant the City of New York appeals from a judgment of the Supreme Court, Kings County, entered November 17, 1983, which, upon a jury verdict, awarded plaintiff Carolyn Solomon the principal sum of $135,000 and plaintiff Arthur Solomon the principal sum of $7,500.
Judgment reversed, on the law, without costs or disbursements, and complaint dismissed.
On June 22, 1980, the infant plaintiff, Carolyn Solomon, was injured when she was struck by a bicyclist on the promenade of Manhattan Beach Park in Brooklyn, New York. Despite (1) the existence of posted signs informing the public of a park regulation prohibiting bicycle riding within the park and (2) the assignment of several policemen and park employees to patrol the promenade and enforce the prohibition, plaintiffs alleged in their complaint, that the defendant City of New York, inter alia, had failed to "exercise ordinary reasonable care under the circumstances to prevent bicycle riding on the Manhattan Beach Promenade Recreation Area".
In submitting the issue of defendant's liability to the jury as a question of fact, the court charged the jury as follows:
The jury returned a verdict in favor of plaintiffs, and defendant's motion to set aside the verdict as contrary to the law was denied.
In Benjamin v. City of New...
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