MAFOUD v. CITY OF NEW YORK


200 A.D.2d 561 (1994)

606 N.Y.S.2d 309

David Mafoud, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 10, 1994


Ordered that the judgment is affirmed, with costs payable to the respondent City of New York.

The court gave the jury an instruction on the doctrine of assumption of the risk. We find that this instruction was proper and consistent with CPLR 1411. The Court of Appeals, in Arbegast v Board of Educ. (65 N.Y.2d 161), has held that CPLR 1411 "`is applicable not only to negligence actions...

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