ELLIOTT v. CITY OF NEW YORK


17 A.D.3d 287 (2005)

794 N.Y.S.2d 325

KEVIN ELLIOTT, Respondent, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 2005.


Plaintiff alleges that he was injured when he fell to the ground while attempting to descend from bleachers by a baseball field at a public high school. The only evidence claimed to support the jury's finding that the bleachers were not reasonably safe is the bleachers' lack of guardrails. At trial, plaintiff argued that defendants, in failing to equip the bleachers with guardrails, violated a provision of the New York City Building Code requiring bleacher seating in "assembly...

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