RESTAINO v. YONKERS BOARD OF EDUCATION


13 A.D.3d 432 (2004)

785 N.Y.S.2d 711

PATRICK RESTAINO, Appellant, v. YONKERS BOARD OF EDUCATION et al., Respondents.

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

December 13, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff, an adult recreational bicyclist, was injured when his bicycle struck a pothole or rut in the closed parking lot/driveway area of a public school near his residence. The plaintiff had bicycled in the school lot on at least 10 previous occasions and, on the date of his accident, had successfully avoided three or four other hazards in the lot during the 20 minutes preceding his fall.

Here, the defendants...

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