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PETERS v. CITY OF NEW YORK

269 A.D.2d 581 (2000)

703 N.Y.S.2d 923

KIRK PETERS, an Infant, by His Mother and Natural Guardian, SADIE MYLES, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 28, 2000.

Ordered that the order is affirmed, with costs.

"[B]y 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 and flow from such participation" (Morgan v State of New York, 90 N.Y.2d 471, 484). This encompasses risks associated with the construction of the playing field, and any open and obvious conditions...

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