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SEDITA v. CITY OF NEW YORK

8 A.D.3d 256 (2004)

777 N.Y.S.2d 327

SALVATORE M. SEDITA et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

June 1, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

On March 30, 1998, the injured plaintiff (hereinafter the plaintiff), then 16 years old, struck a rock while riding a motorized dirt bike in a grassy area of the "Four Diamonds" ballfield located at Drier-Offerman Park in Brooklyn (hereinafter the Park). The plaintiff previously rode the dirt bike in the same ballfield at the Park. One of the plaintiff's witnesses asserted in an affidavit that...

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