RYDER v. TOWN OF LANCASTER


289 A.D.2d 995 (2001)

735 N.Y.S.2d 312

JERRY G. RYDER et al., Respondents, v. TOWN OF LANCASTER, Appellant.

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

Decided December 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion seeking summary judgment dismissing the complaint pursuant to the doctrine of assumption of risk. Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Jerry G. Ryder when he stepped in a six-to eight-inch-deep hole while playing volleyball on a grass court maintained by defendant in Keysa Town Park. The doctrine of assumption...

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