Moseley v. Philip Howard Apartments Tenants Corp. (2016)

Our client in this personal injury action was a landlord whose property included a playground. The infant-plaintiff was climbing on the outside of a tube slide when she fell and broke her arm. The trial court denied our client’s summary judgment finding that triable issues of fact existed. On appeal, however, the Appellate Division, Second Department reversed the trial court’s order and dismissed the action against our client.  The Appellate Division held that our client owed no duty to supervise the infant-plaintiff and the opinion of plaintiff’s expert was insufficient to establish that the playground equipment was dangerous.