Legal Opinion

Hedman v. City of Rochester

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

Decided July 13, 1978PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously reversed, without costs, motion granted and complaint dismissed. Denman, J., not participating. Memorandum: The motion to dismiss the complaint for failure to state a cause of action under CPLR 3211 (subd [a], par 7) was entertained on affidavits and was properly treated by Special Term as one for summary judgment for dismissal of the complaint under CPLR 3211 (subd [c]). Plaintiff alleges that she was injured while playing tennis on a tennis court at Franklin High School in the City of Rochester, that the injury resulted from a ball bouncing off from trash on the court and…

2Cases cited5 opinions

  1. Matter of Divisich v. MarshallNew York Court of Appeals · 1939
  2. Koppers Co., Inc. v. Empire Bituminous Prods., Inc.New York Court of Appeals · 1972
  3. Potter v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
  4. Hartwig v. Three F. Conservation Society, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Santiago v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by1 opinion

  1. Hedman v. City of RochesterNew York Court of Appeals · 1979

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