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McDANIELS v. CITY OF NEW YORK

234 A.D.2d 432 (1996)

651 N.Y.S.2d 153

Christopher McDaniels, Appellant, v. City of New York et al., Respondents, et al., Defendant

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

December 16, 1996

Ordered that the order is affirmed, with costs.

The record demonstrates that upon voluntarily participating in a game of football at the school courtyard owned or maintained by the municipal defendants, the plaintiff assumed the risk of the injury which he sustained (see, Turcotte v Fell, 68 N.Y.2d 432, 439; Pascucci v Town of Oyster Bay, 186 A.D.2d 725; Drew v State of...

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