GREEN v. CITY OF NEW YORK


263 A.D.2d 385 (1999)

693 N.Y.S.2d 43

KENNETH GREEN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 15, 1999.


On July 3, 1994, plaintiff, an inmate at a city correctional facility, tripped and fell during the course of a basketball game, injuring his knee. The evidence shows that plaintiff fell on an open and obvious defect on the basketball court, of which he was aware.

It is well established that "by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally...

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