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ELLIOTT v. CITY OF NEW YORK

95 N.Y.2d 730 (2001)

747 N.E.2d 760

724 N.Y.S.2d 397

KEVIN ELLIOTT, Respondent, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Ellen B. Fishman, Leonard Koerner and Stephen J. McGrath of counsel), for appellants.

Michael J. Hutter, Albany, and Philip Newman, P. C., Bronx, for respondent.

Clark, Gagliardi & Miller, P. C., White Plains (Lawrence T. D'Aloise, Jr., of counsel), and Lenore Kramer, New York City, for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

After playing a few innings of softball at an athletic field located at John F. Kennedy High School, a public school in the Bronx, plaintiff claims that he left the field and headed toward an adjacent set of bleachers. He climbed five rows of seating and sat on the top row. There were no handrails on either of the open ends of the bleachers. Ten minutes later, when it began to rain, plaintiff attempted to descend the bleachers...

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