MAZZOLA v. MAZZOLA


16 A.D.3d 629 (2005)

793 N.Y.S.2d 59

JOSEPH V. MAZZOLA et al., Respondents, v. LARRY MAZZOLA et al., Appellants.

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

March 28, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff, Joseph V. Mazzola, sustained injuries after he tripped and fell over exposed tree roots in the defendants' backyard while attempting to catch a football which he threw above his head.

A landowner will not be held liable for injuries arising from conditions on the property that are inherent to the nature of the land and could...

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