RIQUELME v. CITY OF NEW YORK (1998)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated May 8, 1997, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.   The plaintiff assumed the risks inherent in playing football on the concrete schoolyard where he allegedly sustained his injuries, including those conditions associated with the construction of the schoolyard and any open and obvious conditions on it (see, Maddox v. City of New York, 66 N.Y.2d 270, 277, 496 N.Y.S.2d 726, 487 N.E.2d 553;  Garafola v. City of New York, 247 A.D.2d 581, 668 N.Y.S.2d 503;  Walner v. City of New York, 243 A.D.2d 629, 668 N.Y.S.2d 903;  Reynolds v. Jefferson Val. Racquet Club, 238 A.D.2d 493, 657 N.Y.S.2d 907;  McDaniels v. City of New York, 234 A.D.2d 432, 651 N.Y.S.2d 153;  Touti v. City of New York, 233 A.D.2d 496, 650 N.Y.S.2d 977).

MEMORANDUM BY THE COURT.