PLOTSKER v. WHITEY FORD GRAND SLAM INC

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

Stephen PLOTSKER, appellant, v. WHITEY FORD'S GRAND SLAM, INC., respondent.

Decided: July 26, 1999

SONDRA MILLER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER and NANCY E. SMITH, JJ. Wolf & Hoffman, Brooklyn, N.Y. (Thomas Torto and Jack Levine of counsel), for appellant. Craig T. Heard, New York, N.Y., for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated September 9, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff brought this action to recover damages for injuries he allegedly sustained while playing basketball at the defendant's facility.   After the defendant made out a prima facie case for summary judgment, the plaintiff failed to adduce any evidence that the alleged defect in the basketball court was a proximate cause of his injuries, despite his generalized assertion that the area of the court near where he fell was worn or uneven (see, Rubin v. Hicksville Union Free School District, 247 A.D.2d 601, 669 N.Y.S.2d 359;  McBee v. Town of Islip, 243 A.D.2d 612, 613, 663 N.Y.S.2d 1004).   In any event, it is clear that the worn and uneven condition was open and obvious (see, Brown v. City of New York, 251 A.D.2d 361, 674 N.Y.S.2d 82).

The plaintiff's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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