Ordered that the order is affirmed, with costs.
The plaintiff Arthur R. Cronson fell after stumbling on a crack in a tennis court. He described the crack as being, to the best of his recollection, between one inch or one and one-half inches long, one-quarter to one-third of an inch wide, and about one-third of an inch deep. He did not see the crack prior to the accident.
In seeking summary judgment pursuant to the doctrine of assumption of the risk, the defendant...
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