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BALGLEY v. CITY OF NEW YORK

2021-03152. Index No. 724386/20.

218 A.D.3d 427 (2023)

193 N.Y.S.3d 55

2023 NY Slip Op 03672

Warren Balgley, Appellant, v. City of New York et al., Respondents.

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

Decided July 5, 2023.

Attorney(s) appearing for the Case

Joseph N. DiGrazia , Brooklyn, NY ( Louis R. Lombardi of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Devin Slack and Andrea Nishi of counsel), for respondents.

Brathwaite Nelson, J.P., Iannacci, Ford and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered April 23, 2021. The order granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On May 9, 2013, the plaintiff allegedly was injured when he tripped and fell due to a hole on an outdoor basketball court located within Yellowstone...

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