Opinion
8974 Index 154950/16
04-11-2019
Wilhelmia Christina OLIVER, Plaintiff–Respondent, v. CENTRAL PARK SIGHTSEEING, LLC, Defendant–Appellant.
Einbinder & Dunn LLP, New York (Stephanie J. Blumstein of counsel), for appellant. Mitchell Dranow, Sea Cliff, for respondent.
Einbinder & Dunn LLP, New York (Stephanie J. Blumstein of counsel), for appellant.
Mitchell Dranow, Sea Cliff, for respondent.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 12, 2017, which, insofar as appealed from, denied defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
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 for its own negligence (see Gross v. Sweet, 49 N.Y.2d 102, 424 N.Y.S.2d 365, 400 N.E.2d 306 [1979] ; Kim v. Harry Hanson, Inc., 122 A.D.3d 529, 997 N.Y.S.2d 391 [1st Dept. 2014] ).
We have considered defendant's remaining contentions and find them unavailing.