Hedman v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
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
- Matter of Divisich v. MarshallNew York Court of Appeals · 1939
- Koppers Co., Inc. v. Empire Bituminous Prods., Inc.New York Court of Appeals · 1972
- Potter v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
- Hartwig v. Three F. Conservation Society, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Santiago v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by1 opinion
- Hedman v. City of RochesterNew York Court of Appeals · 1979