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GONZALEZ v. CITY OF NEW YORK

203 A.D.2d 421 (1994)

610 N.Y.S.2d 569

Hector Gonzalez, an Infant, by His Mother and Natural Guardian, Doris Vega, et al., Appellants, v. City of New York, Respondent, St. Savior Church, Appellant, et al., Defendant

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

April 18, 1994

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The infant plaintiff was injured while sliding into home plate during the course of a baseball game in Prospect Park. The plaintiffs theorize that this injury was caused by a defect in the playing field surrounding home plate. In light of the fact that the infant plaintiff acknowledged that he had observed the alleged defect prior to...

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