RIVERA v. YMCA OF GREATER NEW YORK


37 A.D.3d 579 (2007)

829 N.Y.S.2d 656

CHRISTINE RIVERA et al., Appellants, v. YMCA OF GREATER NEW YORK, Respondent.

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

Decided February 13, 2007.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The infant plaintiff allegedly slipped and fell on a puddle of apple juice on the gymnasium floor of the defendant's premises and injured her ankle. The infant plaintiff testified at a deposition as to the size of the puddle, which was characterized by her attorney as being about the size of two legal pads. There was an apple juice box one...

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