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CRUZ v. CITY OF NEW YORK

2019-09403. Index No. 714064/16.

197 A.D.3d 555 (2021)

152 N.Y.S.3d 708

2021 NY Slip Op 04658

Alfredo Cruz, Appellant, v. City of New York, Respondent.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

Greenberg Law P.C., New York, NY ( Robert J. Menna of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Ingrid R. Gustafson and Kate Fletcher of counsel), for respondent.

Mastro, J.P., Rivera and Hinds-Radix, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On March 12, 2016, the plaintiff, while playing basketball with his son at the "Jamaica Playground" outdoor basketball court in Queens County, allegedly injured his ankle when he jumped and then stepped into a crack or hole in the asphalt surface of the court while trying to prevent a ball from going out of bounds. The plaintiff subsequently commenced the instant action against the defendant...

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