LEVINSON v. INCORPORATED VILLAGE OF BAYVILLE

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

Ron LEVINSON, Respondent, v. INCORPORATED VILLAGE OF BAYVILLE, et al., Appellants, et al., Defendant.

Decided: May 26, 1998

Before O'BRIEN, J.P., and RITTER, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ. Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick and Christine M. Metzner, of counsel;  William C. Heuer, on the brief), for appellants. Weicholz, Monteleone, Peters & Studley, Brooklyn (Mitchell J. Studley, of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants Incorporated Village of Bayville and Locust Valley School District appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 9, 1997, which denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, the appellants' motion for summary judgment is granted, the complaint is dismissed insofar as asserted against them, and the action against the remaining defendant is severed.

 “As a general rule, [sports] participants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent, or reasonably foreseeable consequences of the participation” (Turcotte v. Fell, 68 N.Y.2d 432, 439, 510 N.Y.S.2d 49, 502 N.E.2d 964;  see, Pascucci v. Town of Oyster Bay, 186 A.D.2d 725, 588 N.Y.S.2d 663).  “The risks assumed by a voluntary participant include those associated with the playing field, and any open and obvious conditions on it” (Reynolds v. Jefferson Val. Racquet Club, 238 A.D.2d 493, 494, 657 N.Y.S.2d 907;  see, Walner v. City of New York, 243 A.D.2d 629, 668 N.Y.S.2d 903;  Touti v. City of New York, 233 A.D.2d 496, 650 N.Y.S.2d 977).

 The plaintiff allegedly suffered injuries when he slipped and fell in a wet area of the appellants' basketball court.   The plaintiff concededly knew the wet area was there and knew it to be slippery.  “Under these circumstances, we find that the plaintiff assumed the obvious risk of injury inherent in playing basketball on a court he knew to be slippery and is therefore precluded from recovery” (Capello v. Village of Suffern, 232 A.D.2d 599, 600, 648 N.Y.S.2d 699;  see, Steward v. Town of Clarkstown, 224 A.D.2d 405, 638 N.Y.S.2d 125).

MEMORANDUM BY THE COURT.

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