COLLINS v. CITY OF NEW YORK (1998)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated July 9, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly concluded that the injured plaintiff assumed the risks inherent in playing on the outdoor basketball court where he slipped on some berries and fell.   The injured plaintiff, an experienced basketball player who had played on the very same basketball court on many prior occasions, was fully aware of the berries which fell from overhanging tree branches.   Since the plaintiff voluntarily assumed the risk that he might slip on the basketball court while participating in the game, summary judgment was properly granted to the defendant (see, Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202;  Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 543 N.Y.S.2d 29, 541 N.E.2d 29;  Turcotte v. Fell, 68 N.Y.2d 432, 510 N.Y.S.2d 49, 502 N.E.2d 964;  Maddox v. City of New York, 66 N.Y.2d 270, 496 N.Y.S.2d 726, 487 N.E.2d 553;  Reilly v. Long Is. Jr. Soccer League, 216 A.D.2d 281, 627 N.Y.S.2d 784;  Gallagher v. Town of N. Hempstead, 144 A.D.2d 637, 535 N.Y.S.2d 10).

MEMORANDUM BY THE COURT.