Mazzola v. Mazzola
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*630In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated December 15, 2003, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The infant plaintiff, Joseph V Mazzola, sustained injuries after he tripped and fell over exposed tree roots in the defendants’ backyard while attempting to catch a football which he threw above his head.
A landowner will not be held…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
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- Dawson v.CafieroAppellate Division of the Supreme Court of the State of New York · 2002
- Nardi v. Crowley Marine Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by8 opinions
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