PETRIANO v. SOUTHGATE AT BAR HARBOUR HOME OWNERS ASS'N, INC.


226 A.D.2d 516 (1996)

640 N.Y.S.2d 614

Josephine Petriano et al., Appellants, v. Southgate at Bar Harbour Home Owners Association, Inc., Respondent

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

April 15, 1996


Ordered that the order is affirmed, with costs.

The plaintiff Josephine Petriano was injured while playing tennis on a court owned by the defendant when she slipped and fell on dead cicada bugs which had collected on the court. We find that the injured plaintiff was aware of the conditions on the tennis court, and in fact, admitted in her deposition, that she observed the dead cicada bugs before she started to play a game on the court. We find no merit to the plaintiffs...

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