SALIM v. WESTERN REGIONAL OFF-TRACK BETTING CORP. BATAVIA DOWNS

CA 12-00559.

100 A.D.3d 1370 (2012)

ANTHONY SALIM, Individually and as Parent and Natural Guardian of KATHRYN SALIM, Respondent, v. WESTERN REGIONAL OFF-TRACK BETTING CORPORATION, BATAVIA DOWNS, Appellant.

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

November 9, 2012.


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

Memorandum: Plaintiff commenced this action, individually and on behalf of his infant daughter, seeking damages for injuries sustained by his daughter on defendant's premises when she tripped on a 2 × 4 piece of wood affixed to bleachers used by patrons of defendant's racetrack. The piece of wood, which was placed there in order to keep the bleachers level, extended on...

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