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SAMMUT v. CITY OF NEW YORK

37 A.D.3d 811 (2007)

830 N.Y.S.2d 779

NOREEN SAMMUT, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 27, 2007.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion, in effect, for summary judgment dismissing the complaint is granted.

The defendants established their entitlement to judgment as a matter of law. The plaintiff was injured while playing tennis on an outdoor court when she tripped on a crack in the tennis court surface. "The court surface is the playing field directly used in playing outdoor...

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