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ELLIS v. CITY OF NEW YORK

281 A.D.2d 177 (2001)

721 N.Y.S.2d 525

RONALD ELLIS, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided March 6, 2001.

Plaintiff sustained injuries as a result of stepping into a hole while playing baseball on a field in defendant's park. The trial court correctly rejected defendant's request to charge assumption of risk, the evidence being uncontroverted, that the hole was not, as defendant claims, "open and obvious" (citing, inter alia, Maddox v City of New York, 66 N.Y.2d 270, 277), but concealed by grass (see, Morgan v State of New York,<...

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