Ortiz v. City of New York
Cases that cite this one
2 later published cases cite this decision.
- Felton v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Felton v. City of New York (Appellate Division of the Supreme Court of New York 2013)
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 this action for personal injuries sustained by the then 13-year-old plaintiff while playing basketball on an outdoor court at a park owned by defendant City of New York, defendant made a prima facie showing of entitlement to judgment as a matter of law based on the doctrine of assumption of risk (see Morgan v State of New York, 90 NY2d 471, 482-486 [1997]). The risks assumed by the infant plaintiff included those created by the gaps in the playing surface. In opposition, plaintiff failed to raise a triable issue of fact. Concur — Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam and Feinman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.