Order insofar as appealed from reversed on the law with costs, motion denied and complaint reinstated.
Memorandum:
Plaintiff fractured her ankle during a game of softball when the base into which she was sliding became detached and her ankle hit a metal spike to which the base had been attached. She commenced this action against defendant, the owner of the park where the accident occurred. Defendant moved for summary judgment, arguing that it was not negligent...
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