Summary
In Clark v. State of New York, 245 A.D.2d 413, 666 N.Y.S.2d 209, this Court stated that "[t]he claimant's decedent... was injured while playing basketball in a State park in Yorktown, New York. The trial court correctly concluded that the claimant's decedent did not assume the risk of an injury caused by a steep drop-off several inches from the edge of the playing area's asphalt surface since this created a dangerous condition over and above the usual dangers that are inherent in the sport" (id. at 413, 666 N.Y.S.2d 209 [internal quotation marks omitted]).
Summary of this case from Philius v. City of N.Y.Opinion
December 15, 1997
Appeal from the Court of Claims (Ruderman, J.).
Ordered that the judgment is affirmed, with costs.
The claimant's decedent Lionel Clark II was injured while playing basketball in a State park in Yorktown, New York. The trial court correctly concluded that the claimant's decedent did not assume the risk of an injury caused by a steep drop-off several inches from the edge of the playing area's asphalt surface since this "created a dangerous condition over and above the usual dangers that are inherent in the sport" ( Owen v. R.J.S. Safety Equip., 79 N.Y.2d 967, 970; see, Morgan v. State of New York, 90 N.Y.2d 471, 485). Accordingly, the claimant's decedent cannot be deemed to have legally assumed the risk of an injury which proximately resulted from such a condition ( see, Turcotte v. Fell, 68 N.Y.2d 432).
O'Brien, J. P., Santucci, Joy and Altman, JJ., concur.