Cherry v. Hofstra University

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated November 3, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was injured during lacrosse practice when he ran into a bench which was located on the side of the defendant’s playing field. The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. The bench was an open and obvious condition which could…