Schwab & Gasparini obtained summary judgment to its client, Van Cortlandt LTD., which operates the golf course at Van Cortlandt Park in the Bronx.
In Hunewill v. Golf NYC, et. al., plaintiff claimed that he was injured after his golf cart tipped over when moving across a steep hill on the course. He further alleged that no signs were present on the course warning players that the carts could tip over. An expert retained by plaintiff submitted an affidavit in opposition to summary judgment, claiming that no signs were visible from the website of the golf course.
However, at depositions, the golf course operator testified that warning signs were present at the course since the time he "was a child." The Court found the plaintiff's expert purely speculative, as was the affidavits of the plaintiff's friends who claimed they saw no sign. The Court also noted that the Van Cortlandt Golf Course has been in operation since 1895, and the record demonstrated that no other golfers had ever tipped there carts at the facility.
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