Hartwig v. Three F. Conservation Society, Inc.

Order unanimously affirmed, without costs, with leave to defendant to renew its motion in accordance with the following memorandum: Defendant appeals from an order of Special Term denying its motion for summary judgment of dismissal of the complaint for personal injuries on the ground that plaintiffs have failed to state a cause of action. In their complaint plaintiffs allege that defendant was negligent in maintaining a volleyball field containing an unguarded opening or hole, of which it did not warn plaintiff-husband. In their bill of particulars plaintiffs allege that defendant’s property…