LINCOLN v. CANASTOTA CENTRAL SCHOOL DISTRICT


53 A.D.3d 851 (2008)

861 N.Y.S.2d 488

ROBERT LINCOLN, Respondent, v. CANASTOTA CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided July 10, 2008.


Stein, J.

In April 2006, plaintiff was shooting baskets outside of defendant's Southside Elementary School when he injured his left knee and collapsed onto the court. As a result of plaintiff's injury, he required surgery and was unable to return to work. Plaintiff commenced this action, alleging that defendant's failure to properly maintain and repair the basketball court created an unsafe condition which caused plaintiff's injury. Defendant moved for summary judgment...

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