Plotsker v. Whitey Ford's Grand Slam, Inc.

Appellate Division of the Supreme Court of New York

Plotsker v. Whitey Ford's Grand Slam, Inc.

263 A.D.2d 534, 693 N.Y.S.2d 219, 1999 N.Y. App. Div. LEXIS 8388

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 26, 1999

StatusPublished

Cited by1 cases

This text of 263 A.D.2d 534 (Plotsker v. Whitey Ford's Grand Slam, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Plotsker v. Whitey Ford's Grand Slam, Inc., 263 A.D.2d 534, 693 N.Y.S.2d 219, 1999 N.Y. App. Div. LEXIS 8388 (N.Y. Ct. App. 1999).

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Opinion

—In an action to re[535]*535cover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated September 9, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for injuries he allegedly sustained while playing basketball at the defendant’s facility. After the defendant made out a prima facie case for summary judgment, the plaintiff failed to adduce any evidence that the alleged defect in the basketball court was a proximate cause of his injuries, despite his generalized assertion that the area of the court near where he fell was worn or uneven (see, Rubin v Hicksville Union Free School Dist., 247 AD2d 601; McBee v Town of Islip, 243 AD2d 612, 613). In any event, it is clear that the worn and uneven condition was open and obvious (see, Brown v City of New York, 251 AD2d 361).

The plaintiff’s remaining contentions are without merit. S. Miller, J. P., Goldstein, H. Miller and Smith, JJ., concur.

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—In an action to re[535]*535cover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated September 9, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for injuries he allegedly sustained while playing basketball at the defendant’s facility. After the defendant made out a prima facie case for summary judgment, the plaintiff failed to adduce any evidence that the alleged defect in the basketball court was a proximate cause of his injuries, despite his generalized assertion that the area of the court near where he fell was worn or uneven (see, Rubin v Hicksville Union Free School Dist., 247 AD2d 601; McBee v Town of Islip, 243 AD2d 612, 613). In any event, it is clear that the worn and uneven condition was open and obvious (see, Brown v City of New York, 251 AD2d 361).

The plaintiff’s remaining contentions are without merit. S. Miller, J. P., Goldstein, H. Miller and Smith, JJ., concur.

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Bluebook (online)

263 A.D.2d 534, 693 N.Y.S.2d 219, 1999 N.Y. App. Div. LEXIS 8388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plotsker-v-whitey-fords-grand-slam-inc-nyappdiv-1999.

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