McERLEAN v. CITY OF LONG BEACH

2022-05123. Index No. 607766/16.

230 A.D.3d 670 (2024)

217 N.Y.S.3d 179

2024 NY Slip Op 04259

Paul McErlean, Appellant, v. City of Long Beach, Respondent.

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

Decided August 21, 2024.


Attorney(s) appearing for the Case

Epstein Legal Services, P.C., New City, NY (Darren Jay Epstein of counsel), for appellant.

Dennis M. Cohen, Corporation Counsel, Long Beach, NY (Charles M. Geiger of counsel), for respondent.

Duffy, J.P., Wooten, Dowling and Wan, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Dawn Jimenez, J.), entered June 3, 2022. The order granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained while using an exercise bar on a boardwalk owned and maintained...

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