Peacock v. City of Rochester

Full title: ROSEMARY PEACOCK, Respondent, v. CITY OF ROCHESTER, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1991

175 A.D.2d 628 (N.Y. App. Div. 1991)

573 N.Y.S.2d 938

Opinion

July 12, 1991

Appeal from the Supreme Court, Monroe County, Willis, J.

Present — Boomer, J.P., Pine, Balio, Lawton and Davis, JJ.

Order unanimously affirmed without costs. Memorandum: The court properly denied defendant's motion for summary judgment. Plaintiff was injured while ice skating at Manhattan Square Park and has alleged that her injuries resulted from defendant's negligent supervision of a potentially dangerous activity. Defendant has failed to establish as a matter of law that its supervision could not have been negligent (see, Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065; Noeller v County of Erie, 145 A.D.2d 919).