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DEJESUS v. CITY OF NEW YORK

29 A.D.3d 401 (2006)

815 N.Y.S.2d 502

HECTOR DEJESUS an Infant, by His Mother and Natural Guardian, CAROLINE RIVERA, et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

May 18, 2006.

This action is barred by the doctrine of assumption of risk. The 14-year-old plaintiff, an experienced cyclist, should have realized that certain risks, including having to swerve to avoid a pedestrian or that his tire might come in contact with the abutting curb, causing him to fall, were inherent in riding a bike on a pedestrian-only cement walkway and are not dangers over and above the usual dangers associated with bicycle riding in an urban area (see Chrem v City of...

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