(DOWNLOAD) "Roska v. Town of Cheektowaga" by Appellate Division, Fourth Department, New York Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Roska v. Town of Cheektowaga
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Order insofar as appealed from reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff fractured her ankle during a game of softball when the base into which she was sliding became detached and her ankle hit a metal spike to which the base had been attached. She commenced this action against defendant, the owner of the park where the accident occurred. Defendant moved for summary judgment, arguing that it was not negligent in its maintenance of the base and that plaintiff assumed the risk of her injuries. Supreme Court concluded that an issue of fact exists whether plaintiff assumed the risk of her injuries, but granted defendants motion for summary judgment on the ground that plaintiff failed to prove that defendant was negligent. That was error.