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SMITH v. VILLAGE OF HEMPSTEAD

264 A.D.2d 413 (1999)

693 N.Y.S.2d 240

LEON SMITH, Appellant, v. VILLAGE OF HEMPSTEAD, Respondent.

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

Decided August 9, 1999.

Ordered that the order is affirmed, with costs.

In Walner v City of New York (243 A.D.2d 629), this Court stated, "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 court and any open and obvious conditions on it (see, Maddox v City of New York, ...

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