ORTSMAN v. TOWN OF OYSTER BAY


178 A.D.2d 588 (1991)

James Ortsman, Respondent, v. Town of Oyster Bay, Appellant

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

December 23, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

On June 11, 1988, the plaintiff was playing basketball on one of the defendant Town's basketball courts when he injured his ankle and leg. The injury was allegedly caused by a defective condition, that is, a hole in the court immediately underneath one of the backboards. After the plaintiff commenced this action, the Town moved...

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