Chrem v. City of New York
Opinion of the Court
Order, Supreme Court, New
We reject plaintiffs argument that defendants improperly created a condition that was concealed and dangerous to bicyclists, on a path that defendants knew or should have known was being used by bicyclists. As a matter of law, the possibility of a steep drop-off in the back of a dirt mound that is rounded in the front is inherent in the activity of riding a bike in an area that plaintiff knew or should have known is not designated for bike riding, and, in any event, did not create a danger over and above the usual dangers of that activity (see, Schiavone v Brinewood Rod & Gun Club, 283 AD2d 234, 236-237). Concur—Saxe, J.P., Buckley, Sullivan, Rosenberger and Ellerin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.