STADELMAIER v. TOWN OF TONAWANDA


2 A.D.3d 1369 (2003)

768 N.Y.S.2d 868

KEVIN M. STADELMAIER et al., Respondents, v. TOWN OF TONAWANDA et al., Appellants.

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

December 31, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Kevin M. Stadelmaier (plaintiff), an avid baseball and softball player, when he slid into second base during a softball game at a park owned and maintained by defendants. According to plaintiffs...

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