Tavares v. City of New YorkTavares v. City of New York
Versions:88 A.D.3d 689930 N.Y.2d 462
Hobart v. City of New York ➔ shortName=“Tavares v. City of New York”
(Wait, the main case starting on page 1 is Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent.)
Actually, looking at page 1, there‘s a partial case at the top (United Veterans Beacon House). The instructions say: “For multi-opinion documents, convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.”
The first case with a full caption is:
Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent.
Wait, page 1 ends with the caption for Tavares. Page 2 contains the Tavares opinion.
Page 2 also starts another case: Larry R. Uffer et al., Appellants, v Travelers Companies, Inc., Respondents.
I will focus on the Tavares v. City of New York opinion as it has a caption and a body.
Metadata:
Short name: Tavares v. City of New York
Docket: [930 NYS2d 462] (Note: In New York reports, this is often the citation, but it‘s listed in the caption area. I‘ll use it in midpage-citation if it‘s a reporter cite).
The page numbers are 689 and 690.
The court is not explicitly named in the header but the judges listed (Mastro, J.P., Florio, Eng and Sgroi, JJ.) indicate the Appellate Division of the Supreme Court of New York, Second Department. However, I should stick to the text provided. The caption says “Appellants, v City of New York, Respondent.”
Let‘s look at the “United Veterans” section. It‘s the end of a previous case. I skip it.
Case: Kiwan Tavares... v City of New York.
Citation: 930 NYS2d 462.
Court: N.Y. App. Div. (inferred from judges).
Let‘s refine. The “United Veterans” part is clearly the end of a previous case.
The Tavares case caption starts at the bottom of page 689.
The Tavares case body is on page 690.
Then page 690 starts another case: Uffer v. Travelers.
I will process the Tavares case.
Wait, looking at page 1 again. The text “The defendant United Veterans...” seems like a full opinion body for the case ending at the top of page 1.
Let‘s check:
Top of page 1: “fendant, and United Veterans Beacon House, Respondent. [930 NYS2d 476]”
This is the tail end of the caption.
Then there is a block of text starting “The defendant United Veterans...“. This is the full body.
Then the signature block: “Angiolillo, J.P., Hall, Cohen and Miller, JJ., concur.”
This constitutes a full opinion.
However, the Tavares caption starts right after.
The Uffer caption starts at the bottom of page 2.
I will provide the Tavares v. City of New York case as requested by “MAIN opinion“. Actually, the first full opinion in the document is the United Veterans one (it has a full body and signatures). But the caption is partial at the very top.
Actually, the Tavares case is the most complete “new” case starting in the document.
Let‘s try to identify which one to prioritize. Usually, the one that starts with a full caption is best. Tavares starts with a full caption at the bottom of page 1.
Case Information for Tavares:
Name: Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent.
Citation: 930 NYS2d 462
Page: 689
Wait, looking at the layout:
Page 689:
End of United Veterans caption.
Full body of United Veterans case.
Full caption of Tavares case.
Page 690:
Full body of Tavares case.
Full caption of Uffer case.
Start of Uffer body.
I will convert the Tavares case.
Case Name: Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent.
Short Name: Tavares v. City of New York
Citation: 930 NYS2d 462
Court: Appellate Division of the Supreme Court of New York, Second Department (inferred from names/NYS2d) - though the text doesn‘t explicitly state it, the formatting is standard for AD2. I will leave court blank or use N.Y. App. Div. if strictly adhering to instructions about extracting data. The instructions say “Extract metadata here... Omit elements without data“. I‘ll use the citation and name.
Actually, the instructions say “Skip partial content from a previous case... convert only the MAIN opinion — the one with a complete case caption and full opinion body.”
The United Veterans case is mostly there but the top of the caption is cut off.
The Tavares case has a complete caption and complete body.
The Uffer case has a complete caption but the body is cut off at the end of page 2.
Therefore, Tavares is the target.
Text for Tavares:
Caption: Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent. [930 NYS2d 462]
Body:
“On June 28, 2007, the infant plaintiff, Kiwan Tavares, allegedly was injured in a playground when he fell from a ladder on a jungle gym. The playground was owned by the defendant, City of New York.
The defendant established its prima facie entitlement to judgment as a matter of law by offering evidence that it neither created nor had actual or constructive notice of any dangerous conditions on the ladder (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In his affidavit submitted in opposition, the plaintiffs’ expert relied upon alleged violations of guidelines promulgated by the Consumer Products Safety Commission, ’ “which are neither mandatory nor intended to be the exclusive standards for playground safety” ’ (Washington v City of Yonkers, 293 AD2d 741, 742 [2002], quoting Merson v Syosset Cent. School Dist., 286 AD2d 668, 670 [2001]). Thus, the expert affidavit was insufficient to raise a triable issue of fact.
Accordingly, the defendant‘s motion for summary judgment dismissing the complaint was properly granted. Mastro, J.P., Florio, Eng and Sgroi, JJ., concur.”
Wait, there is a black block (redaction) in the PDF. I should represent the document as is, but the text provided by OCR/Screenshot is the focus.
Wait, I should also check the United Veterans case. The top of page 1 says “fendant, and United Veterans Beacon House, Respondent.” This is the end of the caption. Then the body.
Since the caption is incomplete (missing the first party), I will skip it as “partial content from a previous case“.
I‘ll start with Tavares.
Case Information:
Name: Kiwan Tavares, an Infant, by His Mother and Natural Guardian, Lourdes Tavares, et al., Appellants, v City of New York, Respondent.
Short Name: Tavares v. City of New York
Citation: 930 NYS2d 462
Wait, I see “689” at the top. The Tavares caption starts on page 689.
The body is on page 690.
Let‘s do this.
One detail: “Mastro, J.E” in OCR is likely “Mastro, J.P.” (Justice Presiding). I‘ll check the screenshot. Yes, it‘s “J.P.”
Citations:
- Alvarez v Prospect Hosp., 68 NY2d 320 [1986]
- Washington v City of Yonkers, 293 AD2d 741, 742 [2002]
- Merson v Syosset Cent. School Dist., 286 AD2d 668, 670 [2001]
Wait, the Tavares case caption is at the bottom of 689.
The opinion starts on 690.
Actually, there is a square symbol (■) before “Kiwan Tavares“. This is a separator.
Let‘s format.
Case Info:
Short Name: Tavares v. City of New York
Citation: 930 NYS2d 462
Page: 689
Body: