In Oliver v. Central Park Sightseeing, LLC, 2019 NY Slip Op 02788 (App. Div. 1st Dept. April 11, 2019), the First Department unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s personal injury complaint.
In this case ,plaintiff alleged that she was injured when she fell from a bicycle that she rented from the defendant.
In reaching its decision, the court explained that “[p]laintiff 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.”
In addition, “[t]he bicycle rental agreement relied upon by defendant did not reflect a clear and unequivocal intent to limit its liability for its own negligence.”