LASALVIA v. CITY OF NEW YORK


305 A.D.2d 267 (2003)

759 N.Y.S.2d 79

RALPH LASALVIA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 20, 2003.


The complaint seeks damages for injuries allegedly sustained by plaintiff when he tripped on a schoolyard pavement defect while playing an unsupervised game of touch football. Under the circumstances herein, on a day and time when school was not in session, the 22-year-old plaintiff assumed the risks inherent in the schoolyard touch football game, including any obvious risk posed by the irregular playing surface (see Sykes v County of Erie, 94 N.Y...

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