Legal Opinion
McCrorey v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Order reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff sustained serious injuries when he ran into a chain link fence during warm-up prior to a game of softball on a field owned by defendant. Supreme Court granted summary judgment dismissing the complaint based on plaintiff’s assumption of the risk. That was error. By his expert’s affidavit, *909plaintiff raised questions of fact whether the construction of the field and the height and condition of the fence present risks that are inherent in the sport of softball and that plaintiff assumed (see,…
2Cases cited5 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
- Cole v. New York Racing Ass'nNew York Court of Appeals · 1966
- Cole v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1965
- Radwaner v. USTA National Tennis Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- Alexander v. Kendall Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Speirs v. Dick's Clothing & Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Stackwick v. Young Men's Christian Ass'n of Greater RochesterAppellate Division of the Supreme Court of the State of New York · 1997
- Shelmerdine v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1996