Riquelme v. City of New York

Full title: JUAN RIQUELME, JR., Appellant, v. CITY OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1998

251 A.D.2d 393 (N.Y. App. Div. 1998)

674 N.Y.S.2d 111

Opinion

June 4, 1998

Appeal from the Supreme Court, Queens County (Polizzi, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The plaintiff assumed the risks inherent in playing football on the concrete schoolyard where he allegedly sustained his injuries, including those conditions associated with the construction of the schoolyard and any open and obvious conditions on it ( see, Maddox v. City of New York, 66 N.Y.2d 270, 277; Garafola v. City of New York, 247 A.D.2d 581; Walner v. City of New York, 243 A.D.2d 629; Reynolds v. Jefferson Val. Racquet Club, 238 A.D.2d 493; McDaniels v. City of New York, 234 A.D.2d 432; Touti v. City of New York, 233 A.D.2d 496).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.