Krebs v. Town of Wallkill

In an action to recover damages for personal injuries, the de*743fendant appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated March 17, 2010, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

On September 22, 2008, the plaintiff, an avid tennis player, was playing tennis with three other men on a tennis court located in Circleville Town Park, which is owned by the defendant, Town of Wallkill. The plaintiff had…