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EGBEBEMWEN A. v. NEW YORK CITY DEPARTMENT OF EDUCATION

3331, 108188/11.

148 A.D.3d 440 (2017)

2017 NY Slip Op 01655

48 N.Y.S.3d 404

EGBEBEMWEN A., an Infant by His Mother and Natural Guardian, BENEDICTA A., et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided March 7, 2017.

Infant plaintiff, a 15-year-old member of his school's basketball team, was injured when he tripped on a wrestling mat that he alleges was two to four steps from the baseline of an indoor basketball court, after he tried to dunk the basketball during a lay-up drill. The basketball court was located in a multi-purpose gym, and the wrestling mat, by all accounts, was open and obvious. Plaintiff assumed the risk of injury by voluntarily choosing to participate in the drill,...

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