McCROREY v. CITY OF BUFFALO


210 A.D.2d 908 (1994)

620 N.Y.S.2d 660

Stephen E. McCrorey, Appellant, v. City of Buffalo, Respondent

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

December 23, 1994


Order reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff sustained serious injuries when he ran into a chain link fence during warm-up prior to a game of softball on a field owned by defendant. Supreme Court granted summary judgment dismissing the complaint based on plaintiff's assumption of the risk. That was error. By his expert's affidavit, plaintiff raised questions...

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