MELKO v. TOWN OF ISLIP


172 A.D.2d 729 (1991)

Paul Melko, Respondent, v. Town of Islip et al., Appellant

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

April 22, 1991


Ordered, that the order is reversed, on the law, with one bill of costs, the defendants' motions are granted, and the complaint is dismissed.

The plaintiff was injured when, as he slid toward home plate during an amateur softball game, he came into abrupt contact with a depression in the surface of the field. In their motions for summary judgment, the defendants produced evidence that the plaintiff was aware of the alleged depression on the field, and that he had...

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