STEWARD v. TOWN OF CLARKSTOWN


224 A.D.2d 405 (1996)

638 N.Y.S.2d 125

Alfred Steward et al., Respondents, v. Town of Clarkstown, Appellant

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

February 5, 1996


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On the afternoon of July 8, 1992, the plaintiff Alfred Steward was allegedly injured while playing basketball on an outdoor basketball court owned by the defendant Town of Clarks-town. According to the injured plaintiff, the basketball court was surrounded by an area of dirt, and the accident occurred when, after making a jump shot, his foot landed partially...

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