KREBS v. TOWN OF WALLKILL

2010-04271.

84 A.D.3d 742 (2011)

922 N.Y.S.2d 516

NOEL S. KREBS, Respondent, v. TOWN OF WALLKILL, Appellant.

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

Decided May 3, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On September 22, 2008, the plaintiff, an avid tennis player, was playing tennis with three other men on a tennis court located in Circleville Town Park, which is owned by the defendant, Town of Wallkill. The plaintiff had played on this particular court many times in the past and knew that this court had a center net with...

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