WELCH v. BOARD OF EDUCATION OF CITY OF NEW YORK


272 A.D.2d 469 (2000)

707 N.Y.S.2d 506

QUINN WELCH, Respondent, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Defendant, and CITY OF NEW YORK, Appellant.

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

Decided May 15, 2000.


Ordered that the judgment is reversed, on the law, the motion for judgment as a matter of law is granted, and the complaint is dismissed.

The plaintiff was injured when he tripped over a cement mound while playing basketball at night on an unlit court. It is well settled that when an individual voluntarily participates in a sport or recreational activity, he or she consents to those commonly appreciated risks that are inherent in and arise out of the nature of the...

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