OVERTON v. LEISURE TIME RECREATION, INC.


280 A.D.2d 655 (2001)

721 N.Y.S.2d 95

DARYLL OVERTON et al., Respondents, v. LEISURE TIME RECREATION, INC., Appellant.

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

Decided February 26, 2001.


Ordered the order is affirmed, with costs.

The plaintiff Daryll Overton was injured at the defendant's bowling alley. At a pretrial deposition, he testified that his foot slipped out from underneath him as he took his first practice throw. At the approximate time of the accident, the bowling alley mechanic was in the process of oiling the bowling lanes. There is also evidence that could support the conclusion that there were footprint-shaped oil spots in the vicinity...

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