OLIVER v. CENTRAL PARK SIGHTSEEING, LLC

8974, 154950/16.

171 A.D.3d 508 (2019)

95 N.Y.S.3d 815

2019 NY Slip Op 02788

Wilhelmia Christina Oliver, Respondent, v. Central Park Sightseeing, LLC, Appellant.

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

Decided April 11, 2019.


Plaintiff was injured when she fell from a bicycle that she rented from defendant. Plaintiff sufficiently alleged that the bicycle's brakes malfunctioned after defendant had negligently inspected and maintained the bicycle, and defendant failed to establish as a matter of law that it has no liability to plaintiff for the negligent maintenance of its bicycle. The bicycle rental agreement relied upon by defendant did not reflect a clear and unequivocal intent to limit its liability...

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