MATTER OF GIZZI v. CITY OF TROY


210 A.D.2d 644 (1994)

619 N.Y.S.2d 385

In the Matter of Michele A. Gizzi, Appellant, v. City of Troy, Respondent

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

December 8, 1994


Mercure, J.

Petitioner seeks to recover for an injury she sustained to her right knee in a May 24, 1993 softball game in the City of Troy, Rensselaer County, assumedly conducted at a facility owned or operated by respondent, "when the base she was running to failed to `pop' out of the ground, as it was designed to do". In the affidavits of petitioner and her father, Carmine Gizzi, in support of petitioner's January 1994 application for leave to serve...

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