Walner v. City of New York

Full title: CHAD J. WALNER, Appellant, v. CITY OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 20, 1997

243 A.D.2d 629 (N.Y. App. Div. 1997)

668 N.Y.S.2d 903

Opinion

October 20, 1997

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the outdoor basketball court where he sustained his injuries, including those risks associated with the construction of the court and any open and obvious conditions on it ( see, Maddox v. City of New York, 66 N.Y.2d 270, 277; Touti v. City of New York, 233 A.D.2d 496; DiPietro v. Adelphi Univ., 233 A.D.2d 416; see also, Marescott v. St. Augustine's R.C. School, 226 A.D.2d 507; cf., Siegel v. City of New York, 90 N.Y.2d 471).

Thompson, J.P., Joy, Friedmann and Krausman, JJ., concur.