PAONE v. COUNTY OF SUFFOLK


251 A.D.2d 563 (1998)

674 N.Y.S.2d 761

Frank Paone, Appellant, v. County of Suffolk et al., Defendants, and Connetquot Central School District et al., Respondents

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

June 22, 1998


Ordered that the order is affirmed, with costs.

The plaintiff was injured while playing basketball on an outdoor court located at the Helen B. Duffield Elementary School in Ronkonkoma, New York. The plaintiff claims that he was dribbling the ball toward the basket when he stepped into a hole or depression on the paved surface of the court. According to the plaintiff, the hole was about "a foot or two" wide, "a couple of inches" deep, and at least partially covered...

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