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NUNG JA SUH v. NEW YORK CITY RACING ASSOCIATION, INC.

62 A.D.3d 844 (2009)

878 N.Y.S.2d 632

NUNG JA SUH, Respondent, v. NEW YORK CITY RACING ASSOCIATION, INC., Appellant, et al., Defendant.

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

Decided May 19, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when the bench upon which she was seated in the grandstand of the Aqueduct Racetrack collapsed. The defendant racetrack owner (hereinafter the defendant) moved for summary judgment dismissing the complaint insofar as asserted against it, on the ground, among others, that it neither created nor had actual or constructive...

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