MORROW v. SMITH


22 Misc.2d 564 (1960)

Sidney Morrow, Plaintiff, v. Edwin Smith, Doing Business as Smith's Parkway Tennis Club, Defendant.

Supreme Court, Special Term, Bronx County.

February 19, 1960.


Attorney(s) appearing for the Case

John J. Kennelly, Emile Z. Berman and A. Harold Frost for defendant.

Adolph Immerman and Abraham Markhoff for plaintiff.


MORRIS E. SPECTOR, J.

Motion by defendant for summary judgment is granted. Plaintiff, patron of defendant's tennis court, sues in negligence for personal injuries suffered by him. On the day in question, when he appeared at the tennis courts (for the first time), he and his partner were told to take whatever court was available; no specific court was assigned to them. Plaintiff does not allege any defect in the playing surface of the court but relies...

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