Sykes v. County of Erie
Cases that cite this one
66 later published cases cite this decision. The 25 that cite it most often are listed here.
- Philius v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Ninivaggi v. County of Nassau (Appellate Division of the Supreme Court of New York 2019)
- Palladino v. Lindenhurst Union Free School District (Appellate Division of the Supreme Court of New York 2011)
- Maharaj v. City of New York (N.Y. 2025)
- Legac v. South Glens Falls Central School District (Appellate Division of the Supreme Court of New York 2017)
- Jacqueline E. Michalski v. The Home Depot, Inc. (2d Cir. 2000)
- Balgley v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Lungen v. Harbors Haverstraw Homeowners Assn., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Maharaj v. City of New York (Appellate Division of the Supreme Court of New York 2021)
- V.A. v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Samuels v. Town Sports Intl., LLC (Appellate Division of the Supreme Court of New York 2019)
- MacIsaac v. Nassau County (Appellate Division of the Supreme Court of New York 2017)
- Custodi v. Town of Amherst (N.Y. 2012)
- Simmons v. Saugerties Central School District (Appellate Division of the Supreme Court of New York 2011)
- Cotty v. Town of Southampton (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)
- Maharaj v. City of New York (N.Y. 2025)
- Buffalino v. XSport Fitness (Appellate Division of the Supreme Court of New York 2022)
- O'Brien v. Asphalt Green, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Alexander v. State of New York (Appellate Division of the Supreme Court of New York 2021)
- Goulet v. Pier 2 Roller Ring at Brooklyn Bridge Park (Appellate Division of the Supreme Court of New York 2021)
- Asprou v. Hellenic Orthodox Community of Astoria (Appellate Division of the Supreme Court of New York 2020)
- Krzenski v. Southampton Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2019)
- Franco v. 1200 Master Assn., Inc. (Appellate Division of the Supreme Court of New York 2019)
- O'Toole v. Long Is. Jr. Soccer League, Inc. (Appellate Division of the Supreme Court of New York 2018)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff injured his knee when he stepped into a recessed drain near the free throw line while playing basketball on an outdoor court owned by defendant. Although the doctrine of assumption of risk does not exculpate a landowner from liability for ordinary negligence in maintaining a premises, there is no evidence that the drain was defective or improperly maintained. In dismissing the complaint, the Appellate Division majority correctly held that the risks of playing upon an irregular surface are inherent in outdoor basketball activities (such as occurred here) and that the condition of the court was open and obvious. Thus, the complaint was properly dismissed on the ground that plaintiff had assumed the risk of the injury (see, Morgan v State of New York, 90 NY2d 471; Maddox v City of New York, 66 NY2d 270; Turcotte v Fell, 68 NY2d 432).
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.