Welch v. Board of Education
Cases that cite this one
20 later published cases cite this decision.
- Philius v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Siegel v. Albertus Magnus High School (Appellate Division of the Supreme Court of New York 2017)
- Tahsin Mamati v. City of New York Parks & Recreation (Appellate Division of the Supreme Court of New York 2014)
- Perez v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Perez v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Mattas v. Town of Hempstead (Appellate Division of the Supreme Court of New York 2013)
- Mattas v. Town of Hempstead (Appellate Division of the Supreme Court of New York 2013)
- Herman v. Lifeplex, LLC (Appellate Division of the Supreme Court of New York 2013)
- Herman v. Lifeplex, LLC (Appellate Division of the Supreme Court of New York 2013)
- Wilck v. Country Pointe at Dix Hills Homeowners Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Wilck v. Country Pointe at Dix Hills Homeowners Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Zachary G. v. Young Israel of Woodmere (Appellate Division of the Supreme Court of New York 2012)
- Viola v. Carmel Central School District (Appellate Division of the Supreme Court of New York 2012)
- Krebs v. Town of Wallkill (Appellate Division of the Supreme Court of New York 2011)
- Bendig v. Bethpage Union Free School District (Appellate Division of the Supreme Court of New York 2010)
- Brookstone v. State (Appellate Division of the Supreme Court of New York 2009)
- Lincoln v. Canastota Central School District (Appellate Division of the Supreme Court of New York 2008)
- Yisrael v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Casey v. Garden City Park-New Hyde Park School District (Appellate Division of the Supreme Court of New York 2007)
- Joseph v. New York Racing Ass'n (Appellate Division of the Supreme Court of New York 2006)
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 City of New York appeals from a judgment of the Supreme Court, Kings County (Mason, J.), entered April 29, 1999, which, upon the denial of its motion made at the close of evidence for judgment as a matter of law, and upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $48,000.
Ordered that the judgment is reversed, on the law, the motion for judgment as a matter of law is granted, and the complaint is dismissed.
The plaintiff was injured when he tripped over a cement mound while playing basketball at night on an unlit court. It is well settled that when an individual voluntarily participates in a sport or recreational activity, he or she consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from participation therein (see, Morgan v State of New York, 90 NY2d 471). This includes those risks associated with the construction of the playing surface and any open and obvious condition on it (see, Sykes v County of Erie, 94 NY2d 912; Maddox v City of New York, 66 NY2d 270). In the instant case, by choosing to play basketball at night on an unlit court, the plaintiff assumed all the risks inherent in the activity, including his inability to detect what would otherwise be an open and obvious condition (see, Maddox v City of New York, supra; Colucci v Nansen Park, 226 AD2d 336). Accordingly, the Supreme Court should have granted the motion of the City of New York made at the close of evidence for judgment as a matter of law. Joy, J. P., Florio, H. Miller and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.