Reynolds v. Jefferson Valley Racquet Club, Inc.
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Shapiro, J.), dated February 27, 1996, which, upon granting the defendant’s motion for summary judgment dismissing the complaint, dismissed the complaint.
Ordered that the order and judgment is affirmed, with costs.
The Supreme Court properly granted the defendant’s motion for summary judgment based upon the assumption of risk doc
The injured plaintiff was an experienced amateur basketball league player, who had played on the defendant’s basketball court at least 20 times prior to his accident. Furthermore, while the plaintiffs allege that the defective construction and design of the basketball court unreasonably increased the risks to which the injured plaintiff was exposed, the defects complained of were open and obvious. Under these circumstances, the Supreme Court properly found that the injured plaintiff assumed the risks inherent in participating in a league game on the defendant’s basketball court (see, Touti v City of New York, supra; Siegel v City of New York, supra; Osorio v Deer Run Assocs., 231 AD2d 504). O’Brien, J. P., Altman, Friedmann and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.