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OETIKER v. HUDSON RIV. PARK TRUST

Index No. 450412/18. Appeal No. 16994. Case No. 2022-03085.

211 A.D.3d 644 (2022)

179 N.Y.S.3d 561

2022 NY Slip Op 07509

Marina V. Oetiker, Appellant, v. Hudson River Park Trust, Respondent, et al., Defendant.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Law Offices of William Pager, Brooklyn ( William Pager of counsel), for appellant.

Marshall Conway Bradley Gollub & Weissman, P.C., New York ( Lauren Turkel of counsel), for respondent.

Concur— Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Alexander Tisch, J.), entered on or about March 15, 2022, which granted defendant Hudson River Park Trust's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established that plaintiff, an experienced tennis coach who was injured while conducting a tennis lesson on a rubber floor area that was damaged with depressions and cracks, assumed the risks associated with playing or coaching...

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