GONZALO v. JOLINE ESTATES HOMEOWNERS ASSOCIATION, INC.


29 A.D.3d 631 (2006)

815 N.Y.S.2d 181

CAITLAN GONZALO et al., Appellants, v. JOLINE ESTATES HOMEOWNERS ASSOCIATION, INC., et al., Respondents.

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

May 9, 2006.


Ordered that the order is affirmed, with one bill of costs.

The infant plaintiff was injured when her bicycle fell over while she was riding on a drainage grating in front of her house. At her deposition, she testified that "I was just riding over it and it got stuck." As noted by the Supreme Court, "[w]here, as here, the plaintiff merely testified that her tire got stuck in a grate which had not been shown to be dangerous or defective, a jury would be impermissibly...

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