LUFTIG v. STEINHORN


21 A.D.2d 760 (1964)

Charles Luftig, Respondent, v. Abe Steinhorn, Doing Business as Grand Mountain Hotel, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 9, 1964


Judgment unanimously reversed on the law and the complaint dismissed, with costs to appellant.

Defendant operates a Summer resort hotel which included among the recreational facilities a baseball diamond or field for use of the guests. July 5, 1957 plaintiff, playing left field in a game of baseball, while attempting to catch a fly ball tripped, stumbled and fell, suffering a fracture of the left heel. There was evidence that a collision occurred between plaintiff...

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