Elliot Maddox et al., Appellants,
v.
City of New York et al., Defendants-Respondents and Third-Party Plaintiffs-Respondents. D. Reiner, Inc., Third-Party Defendant-Respondent; New York Yankees, Third-Party Defendant-Respondent and Fourth-Party Plaintiff-Respondent; The American League of Professional Baseball Clubs, Fourth-Party Defendant-Respondent. (Action No. 1.)
Elliot Maddox, Appellant,
v.
Thomas Crimmins Contracting Company et al., Respondents. (Action No. 2.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 17, 1985.
Decided November 21, 1985.
Attorney(s) appearing for the Case
Emilio Nunez, Stephen C. Glasser, Harry H. Lipsig and Pamela Anagnos Liapakis for appellants in both actions.
Frederick A. O. Schwarz, Jr., Corporation Counsel (June A. Witterschein and Leonard Koerner of counsel), for City of New York, defendant-respondent and third-party plaintiff-respondent in action No. 1.
Marshall D. Sweetbaum for Metropolitan Baseball Club, Inc., defendant-respondent and third-party plaintiff-respondent in action No. 1.
David T. Fowler, Philip Schlau and Abraham S. Altheim for D. Reiner, Inc., third-party defendant-respondent in action No. 1.
Robert F. Saunderson for New York Yankees, third-party defendant-respondent and fourth-party plaintiff-respondent in action No. 1.
William R. Ahmuty, III, for The American League of Professional Baseball Clubs, fourth-party defendant-respondent in action No. 1.
Joanne Redden and John J. Wrenn for Thomas Crimmins Contracting Company, respondent in action No. 2.
James L. Fischer, Thomas W. Hyland and Thomas A. Leghorn for U.R.S. Madigan-Praeger, Inc., respondent in action No. 2.
Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.
Court of Appeals of the State of New York.
MEYER, J.
The deposition testimony of plaintiff, a professional baseball player, that he was aware of the wet and muddy condition of the playing field on the night he was injured and of the particular puddle in which he fell, that he had during the game called the attention of the grounds keepers to the fact that there was puddling on the field and had previously commented a couple of times to the baseball club...
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