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CADDY SHACK

j0399967.jpgIn Raux v. Utica , Ronald Raux Jr. was golfing -- presumably about to make his third eagle shot of the day on the course's twelfth hole -- when he stepped into an abyss, about 18 and 24 inches deep, located to the side of the green and camouflaged by the rough.

According to a witness, a course employee was overheard saying the hole was intended for drainage purposes.

After he filed suit against the City of Utica, seeking damages for his injury, the City asked for the case's dismissal. When the Oneida County Supreme Court granted that request, Raux appealed.

The Appellate Division, Fourth Department, found Raux's "speculation," as to why the hole had been dug, insufficient to support his case. Without competent evidence to the contrary, the AD4 was of the view Utica neither created the hole nor had notice of its existence.

What's a golf course without holes?

j0297012.gifTo download a copy of the Appellate Division's decision, please use this link: Raux v. Utica

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