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CHERRY v. HOFSTRA UNIVERSITY

Appellate Division of the Supreme Court of New York, Second Department.
Jul 17, 2000
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff was injured during lacrosse practice when he ran into a bench which was located on the side of the defendant's playing field. The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The bench was an open and obvious condition which could "readily be observed by those employing the reasonable use of their senses" (Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380). In opposition to the defendant's establishment of a prima facie case, the plaintiff failed to raise a triable issue of fact.