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LINCOLN v. CANASTOTA CENT. SCHOOL DIST.

504426.

2008 NY Slip Op 06255

ROBERT LINCOLN, Respondent, v. CANASTOTA CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

Petrone & Petrone, P.C., Syracuse (Mark Chieco of counsel), for appellant.

The Stanley Law Offices, Syracuse (Richard Clark of counsel), for respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

STEIN, J.

In April 2006, plaintiff was shooting baskets outside of defendant's Southside Elementary School when he injured his left knee and collapsed onto the court. As a result of plaintiff's injury, he required surgery and was unable to return to work. Plaintiff commenced this action, alleging that defendant's failure to properly maintain and repair the basketball court created an unsafe condition which caused plaintiff's injury....

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