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BROOKSTONE v. STATE

64 A.D.3d 1023 (2009)

883 N.Y.S.2d 347

MITCHELL S. BROOKSTONE et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 109167.)

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

Decided July 16, 2009.

Malone Jr., J.

Claimant Mitchell S. Brookstone (hereinafter claimant) was injured while playing a "pick-up" game of basketball on an outdoor asphalt court at Gilbert Lake State Park in Otsego County when, after jumping for a ball headed out of bounds, he landed on an uneven edge of the court. Thereafter, claimant and his wife, derivatively, commenced this action alleging, among other things, that defendant was negligent in the construction and maintenance of the basketball...

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