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ASHBOURNE v. CITY OF NEW YORK

3771, 17198/07.

82 A.D.3d 461 (2011)

918 N.Y.S.2d 88

CECILIA ASHBOURNE, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2011.

This case requires us to analyze the extent to which the assumption of risk doctrine remains viable after Trupia v Lake George Cent. School Dist. (14 N.Y.3d 392, 395-396 [2010]). Plaintiff, an adult experienced in the activity, was roller-blading home on the sidewalk. She maneuvered to avoid a group of pedestrians in front of her. As she passed them, she admittedly was looking at the pedestrians and not at the ground. Her

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