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McKEY v. CITY OF NEW YORK

234 A.D.2d 114 (1996)

650 N.Y.S.2d 706

Warren McKey, III, et al., Respondents, v. City of New York et al., Appellants

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

December 12, 1996

On August 23, 1989, at about 7:15 P.M. while there was still light outside, the plaintiff, then 16 years old, was injured after a trip and fall caused by a hole clearly visible in the surface of a basketball court in the Morgan Playground, owned and/or operated by the defendants (referred to as the "City").

Plaintiff's assumption of the risk of injury was established as a matter of law (see, Tarigo v Club Med Hualtulco...

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