Barker v. Tennis 59th, Inc.

Interlocutory judgment of the Supreme Court, New York County (Albert Blinder, J.), entered November 22, 1982 in favor of plaintiff Edward P. Barker on the issue of liability only, after a bifurcated trial, reversed, on the law and the facts, without costs, and the matter remanded for a new trial. 11 Plaintiff, a 26-year-old New York City policeman, was a member of a softball team which used a playing field owned and maintained by the city and located on York Avenue, underneath the Queensboro Bridge. The field is under the jurisdiction of the Parks Department which charges a fee for its use.…