ALPERT v. FINKELSTEIN


42 A.D.2d 515 (1973)

Martin Alpert, Appellant, v. Steven Finkelstein, Respondent

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

June 5, 1973


The plaintiff was playing basketball in a local gym which was open to the public. There were several courts, each with its own basket. On the side of the gym, there was a receptacle used to hold basketballs not in use. The defendant, who had completed his game at another court, threw his basketball at eye level through the court where plaintiff was playing and struck plaintiff in the head, breaking plaintiff's glasses and causing injury. There was no proof submitted that...

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