ZELIE v. TOWN OF VAN BUREN

1581 CA 10-01302.

79 A.D.3d 1801 (2010)

914 N.Y.S.2d 497

KEVIN M. ZELIE, Respondent, v. TOWN OF VAN BUREN, Appellant.

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

Decided December 30, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell in a drainage ditch (ditch) while playing basketball at a park owned by defendant. Plaintiff ran and jumped while attempting to prevent the ball from going out of bounds, and he landed in the ditch approximately four to eight feet away from the outside boundary of the basketball...

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