SHERIDAN v. CITY OF NEW YORK (1999)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Garson, J.), dated September 28, 1998, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff broke his ankle when he tripped on a large hole in the surface of a municipal playground while playing basketball with his son and his son's friend.   By the plaintiff's own calculations, the hole was two feet by two feet, and two inches deep.   It was located just to the front and right of a basket.   The plaintiff, who was an experienced basketball player, had been “shooting baskets” with the two boys for 30 to 60 minutes before he fell.

Under the circumstances, the Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the outdoor basketball court where he sustained his injuries, including those risks associated with the construction of the playing surface and any open and obvious conditions on it (see, e.g., 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, 438-439, 510 N.Y.S.2d 49, 502 N.E.2d 964;  Maddox v. City of New York, 66 N.Y.2d 270, 277, 496 N.Y.S.2d 726, 487 N.E.2d 553;  Riquelme v. City of New York, 251 A.D.2d 393, 674 N.Y.S.2d 111;  Hansman v. Village of Lynbrook, 251 A.D.2d 373, 672 N.Y.S.2d 815;  Garafola v. City of New York, 247 A.D.2d 581, 668 N.Y.S.2d 503;  McKey v. City of New York, 234 A.D.2d 114, 115, 650 N.Y.S.2d 706;  Touti v. City of New York, 233 A.D.2d 496, 650 N.Y.S.2d 977;  Marescot v. St. Augustine's R.C. School, 226 A.D.2d 507, 641 N.Y.S.2d 79).

MEMORANDUM BY THE COURT.