FLORES v. CITY OF NEW YORK

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

Richard H. FLORES, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Respondent.

Decided: November 30, 1999

SULLIVAN, J.P., NARDELLI, MAZZARELLI, WALLACH and FRIEDMAN, JJ. Gregory M. LaSpina, for Plaintiff-Appellant. Grace Goodman, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered February 25, 1998, which, inter alia, granted defendant's cross-motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly concluded that plaintiff assumed the risks inherent in playing on the outdoor basketball court where he sustained his injuries, including those associated with the construction of the playing surface and any open and obvious conditions on it (see, Morgan v. State of New York, 90 N.Y.2d 471, 484, 488, 662 N.Y.S.2d 421, 685 N.E.2d 202;  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, 278, 496 N.Y.S.2d 726, 487 N.E.2d 553).   There is no evidence that the dirt and grime on which plaintiff claimed to have slipped was concealed, and the evidence establishes that it was a consequence of the naturally occurring condition of the outdoor setting.   In any event, plaintiff failed to produce any evidence that defendant failed to exercise reasonable care under the circumstances (see, Turcotte v. Fell, supra, 68 N.Y.2d at 442, 510 N.Y.S.2d 49, 502 N.E.2d 964;  Basso v. Miller, 40 N.Y.2d 233, 241, 386 N.Y.S.2d 564, 352 N.E.2d 868).

MEMORANDUM DECISION.