REYES v. CITY OF NEW YORK


51 A.D.3d 996 (2008)

858 N.Y.S.2d 760

JAMES REYES et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided May 27, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

On April 12, 2004 the injured plaintiff, a former minor league baseball player, was coaching a baseball team playing a game on a baseball field located within one of the defendant's parks. The field had two dugouts. One dugout was along the first base line, and the other was...

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