ALEXANDER v. STATE OF NEW YORK

63 CA 20-01128.

193 A.D.3d 1328 (2021)

147 N.Y.S.3d 762

2021 NY Slip Op 02626

Amy L. Alexander, Respondent, v. State of New York, Appellant. (Claim No. 131694.)

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

CONBOY, McKAY, BACHMAN & KENDALL, LLP, WATERTOWN ( DAVID B. GEURTSEN , OF COUNSEL), FOR CLAIMANT-RESPONDENT.

ROEMER WALLENS GOLD & MINEAUX LLP, ALBANY ( MATTHEW J. KELLY OF COUNSEL), FOR DEFENDANT-APPELLANT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.


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

Memorandum: Claimant commenced this action seeking damages for injuries that she sustained after she fell while participating in an obstacle course race at defendant's park. Defendant appeals from an order denying its motion for summary judgment dismissing the claim. We affirm.

Defendant contends that it established as a matter of law that it maintained the subject...

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