Nielsen v. Town of Amherst

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: On June 16, 1989, nine-year-old David Nielsen and his four-year-old sister were playing on the soccer field at the Amherst Audubon Recreation Center. David sustained a fractured femur when a soccer goal upon which the children had been playing fell on his leg. David’s mother commenced this action individually and on David’s behalf against the Town of Amherst (the Town), which owns and operates the Audubon Recreation Center, and the Amherst Soccer Association, Inc. (the Association), a…