Brown v. City of New York
Cases that cite this one
9 later published cases cite this decision.
- Maharaj v. City of New York (Appellate Division of the Supreme Court of New York 2021)
- Philius v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Sajkowski v. Young Men's Christian Ass'n of Greater New York (Appellate Division of the Supreme Court of New York 2000)
- Torre v. City of Glen Cove (Appellate Division of the Supreme Court of New York 1999)
- Retian v. City of New York (Appellate Division of the Supreme Court of New York 1999)
- Green v. City of New York (Appellate Division of the Supreme Court of New York 1999)
- Plotsker v. Whitey Ford's Grand Slam, Inc. (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)
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 defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 23, 1997, which denied its motion for summary judgment with leave to renew.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is well settled that “by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (see, Morgan v State of New York, 90 NY2d 471, 484). This encompasses risks associated with the construction of the playing field, and any open and obvious conditions on it (see, Maddox v City of New York, 66 NY2d 270, 277; Garafola v City of New York, 247 AD2d 581; Walner v City of New York, 243 AD2d 629). Here, the parties’ submissions, which included the plaintiff’s testimony at the hearing held pursuant to General Municipal Law § 50-h, and photographs depicting the accident site, reveal that the hole in the paved surface of the subject basketball court was clearly visible. Since the plaintiff voluntarily chose to play on a court surface whose faulty condition was open and obvious, he assumed the risk of injury from stepping into a hole or depression (see, Walner v City of New York, supra; McKey v City of New York, 234 AD2d 114; Touti v City of New York, 233 AD2d 496). Accordingly, the defendant’s motion for summary judgment is granted. Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.