RUSSINI v. INC. VILL. OF MINEOLA


184 A.D.2d 561 (1992)

Richard Russini, Appellant, v. Incorporated Village of Mineola, Respondent

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

June 8, 1992


Ordered that the order is affirmed, with costs.

The plaintiff was injured when, as he was running between second and third base during an amateur softball game, he tripped and fell into a hole that was 4 to 6 inches deep and 6 to 12 inches wide. In its motion for summary judgment dismissing the complaint, the defendant produced evidence that the plaintiff was aware of the poor condition of the field, and that he had noticed depressions throughout the infield and near...

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