Summary
finding as a matter of law that football player assumed risks of playing on field "including those risks associated with the construction of the field"
Summary of this case from Homen v. U.S.Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly granted the defendants motion for summary judgment. The plaintiff assumed the risks inherent in playing on the football field where he allegedly sustained his injuries, including those risks associated with the construction of the field and any open and obvious conditions on it ( see, Maddox v. City of New York, 66 N.Y.2d 270, 277; Walner v. City of New York, 243 A.D.2d 629; Reynolds v. Jefferson Val. Racquet Club, 238 A.D.2d 493; Touti v. City of New York, 233 A.D.2d 496; McKey v. City of New York, 234 A.D.2d 114; Russini v. Incorporated Vil. of Mineola, 184 A.D.2d 561).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.