Walner v. City of New York
Cases that cite this one
11 later published cases cite this decision.
- Sanchez v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Trevett v. City of Little Falls (Appellate Division of the Supreme Court of New York 2005)
- Cevetillo v. Town of Mount Pleasant (Appellate Division of the Supreme Court of New York 1999)
- Sykes v. County of Erie (Appellate Division of the Supreme Court of New York 1999)
- Smith v. Village of Hempstead (Appellate Division of the Supreme Court of New York 1999)
- Garafola v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Levinson v. Incorporated Village of Bayville (Appellate Division of the Supreme Court of New York 1998)
- Brown v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Hansman v. Village of Lynbrook (Appellate Division of the Supreme Court of New York 1998)
- Riquelme v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Paone v. County of Suffolk (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 6, 1996, which, inter alia, granted the defendants’ cross motion for summary judgment dismissing the complaint.
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 NY2d 270, 277; Touti v City of New York, 233 AD2d 496; DiPietro v Adelphi Univ., 233 AD2d 416; see also, Marescott v St. Augustine’s R. C. School, 226 AD2d 507; cf., Siegel v City of New York, 90 NY2d 471). Thompson, J. P., Joy, Friedmann and Krausman, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.