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ALVARADO v. CITY OF NEW YORK

159778/15. 8337. 8336.

169 A.D.3d 423 (2019)

92 N.Y.S.3d 282

2019 NY Slip Op 00962

Matthew Alvarado, Appellant, v. City of New York, Respondent.

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

Decided February 7, 2019.

Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff frequently played basketball on the subject outdoor basketball court, which has an open and obvious crack which runs the length of the court and has a marked tar surface (Wallace v City of New York, 138 A.D.3d 509 [1st Dept 2016], lv denied 27 N.Y.3d 911 [2016])....

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