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Ortiz v. City of New York

101 A.D.3d 446 Court N.Y. App. Div. Decision date 2012-12-06 English

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p. 446
John J. Ortiz, Jr., an Infant by His Mother and Natural Guardian, Carmen Felix, et al., Appellants, v City of New York, Respondent.
[954 NYS2d 455]

In this action for personal injuries sustained by the then 13-year-old plaintiff while playing basketball on an outdoor court at a park owned by defendant City of New York, defendant made a prima facie showing of entitlement to judgment as a matter of law based on the doctrine of assumption of risk (see Morgan v State of New York, 90 NY2d 471 , 482-486 [1997]). The risks assumed by the infant plaintiff included those created by the gaps in the playing surface. In opposition, plaintiff failed to raise a triable issue of fact. Concur — Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam and Feinman, JJ.

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