Torre v. City of Glen Cove

Full title: RONALD TORRE, Appellant, v. CITY OF GLEN COVE et al., Respondents

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

Date published: Mar 8, 1999

259 A.D.2d 540 (N.Y. App. Div. 1999)

686 N.Y.S.2d 457

Opinion

March 8, 1999

Appeal from the Supreme Court, Nassau County (Schmidt, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the softball field where he sustained his injuries, including those risks associated with the construction of the field and any open and obvious conditions on it (see, Morgan v. State of New York, 90 N.Y.2d 471, 484; Maddox v. City of New York, 66 N.Y.2d 270, 277; Brown v. City of New York, 251 A.D.2d 361; Gahan v. Mineola Union Free School Dist., 241 A.D.2d 439; McKey v. City of New York, 234 A.D.2d 114; Bartucelli v. New York City Bd. of Educ., 233 A.D.2d 352; Tiedemann v. Notre Dame Academy, 227 A.D.2d 545; Russini v. Incorporated Vil. of Mineola, 184 A.D.2d 561).

Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.