24 A.D.2d 926 | N.Y. App. Div. | 1965
Appeal in a personal injury action from a judgment of the Supreme Court at Trial Term entered upon an order granting defendant's motion for a nonsuit at the close of plaintiff’s case. On Sunday morning, February 12, 1961, plaintiff, a dues-paying member, was injured while participating in a game of basketball in the gymnasium of the new recreational facility owned and operated by defendant in the City of Albany, New York, The court in use at the time was a large rectangular one designed to permit contemporaneous play of the same sport by other members of the Community Center. On the day of the injury two teams thus composed were so engaged. A game of volleyball was also going on and several teen-agers were shooting