TOUTI v. CITY OF NEW YORK


233 A.D.2d 496 (1996)

650 N.Y.S.2d 977

Alon Touti, Appellant, v. City of New York et al., Respondents

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

November 25, 1996


Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the outdoor basketball court where he sustained his injuries, including those risks associated with the construction of the playing surface and any open and obvious conditions on it (see, Maddox v City of New York, 66 N.Y.2d 270, 277; see also, Turcotte v Fell

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