Summary
affirming summary judgment for defendant, finding that plaintiff, who slipped on berries while playing basketball on outdoor court, assumed risks inherent in playing basketball on outdoor court, where plaintiff was "experienced basketball player who had played on the very same basketball court on many prior occasions was fully aware of the berries which fell from overhanging tree branches"
Summary of this case from Cox v. McKernanOpinion
June 15, 1998
Appeal from the Supreme Court, Richmond County (Sangiorgia, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the injured plaintiff assumed the risks inherent in playing on the outdoor basketball court where he slipped on some berries and fell. The injured plaintiff, an experienced basketball player who had played on the very same basketball court on many prior occasions, was fully aware of the berries which fell from overhanging tree branches. Since the plaintiff voluntarily assumed the risk that he might slip on the basketball court while participating in the game, summary judgment was properly granted to the defendant ( see, Morgan v. State of New York, 90 N.Y.2d 471; Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432; Maddox v. City of New York, 66 N.Y.2d 270; Reilly v. Long Is. Jr. Soccer League, 216 A.D.2d 281; Gallagher v. Town of N. Hempstead, 144 A.D.2d 637).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.