TREVETT v. CITY OF LITTLE FALLS

Michael A. Castle, Herkimer (Scott H. Oberman of counsel), for appellant.Cramer, Smith & Leach, P.C., Syracuse (Ralph S. Alexander of counsel), for respondent.

 OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured while attempting a lay up when he collided in mid-air with a pole supporting a basketball backboard and rim.   The Appellate Division correctly held that the proximity of the pole to the court was open and obvious, and thus the risk of collision with the pole was inherent in playing on that court.   Therefore, the Appellate Division properly dismissed the complaint on the ground that plaintiff had assumed the risk of injury (see Sykes v. County of Erie, 94 N.Y.2d 912, 707 N.Y.S.2d 374, 728 N.E.2d 973 [2000];  Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202 [1997] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.