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MARCUS v. CITY OF NEWTON

SJC-10984.

462 Mass. 148 (2012)

EDWARD MARCUS v. CITY OF NEWTON.

Supreme Judicial Court of Massachusetts, Middlesex.

May 7, 2012.

Attorney(s) appearing for the Case

Maura E. O'Keefe, Assistant City Solicitor, for the defendant.

Joan S. Amon for the plaintiff.

John J. Davis, Michael Leedberg, & Thomas J. Urbelis, for City Solicitors and Town Counsel Association, amicus curiae, submitted a brief.

Andrew M. Abraham, J. Michael Conley, Thomas J. Carey, Jr., & Thomas R. Murphy, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

Edward Marcus was injured during a softball game on a public field owned by the city of Newton (city). We consider the city's appeal,1 which we transferred from the Appeals Court on our own motion, from the denial of its motion for summary judgment, based on the ground that it was immune from suit pursuant to the recreational use statute, G. L. c. 21, § 17C. The city argues that the judge erred in denying its motion,...

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