MONTUORI v. TOWN OF COLONIE


277 A.D.2d 643 (2000)

716 N.Y.S.2d 437

MARGUERITE MONTUORI et al., Appellants, v. TOWN OF COLONIE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 16, 2000.


Lahtinen, J.

Plaintiff Marguerite Montuori (hereinafter plaintiff) fractured her left ankle in September 1997 while playing golf with her husband and others when she stepped in a hole in the rough off the green of the first hole on a golf course, known as the red course, owned and maintained by defendant.

Plaintiff and her husband commenced an action against defendant for negligence and creating or maintaining a nuisance. Defendant's answer asserted defenses...

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