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FURNARI v. CITY OF NEW YORK

6136, 7139/04.

89 A.D.3d 605 (2011)

933 N.Y.S.2d 248

2011 NY Slip Op 8486

MICHAEL FURNARI et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 22, 2011.

Plaintiff was injured while playing softball on an asphalt multi-purpose play area at a City park located in the Bronx. After fielding a ball, plaintiff fell when he planted his foot to throw the ball. He claims that he fell as a result of an uneven playing surface caused by or concealed by a tar patch applied by defendant City.

At the close of plaintiffs' evidence, the trial court granted the City's motion to dismiss the...

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