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TREVETT v. CITY OF LITTLE FALLS

6 N.Y.3d 884 (2006)

849 N.E.2d 961

816 N.Y.S.2d 738

DAN TREVETT, Individually and as Parent and Legal Guardian of ADAM TREVETT, an Infant, Appellant, v. CITY OF LITTLE FALLS, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 2006.

Attorney(s) appearing for the Case

Michael A. Castle, Herkimer (Scott H. Oberman of counsel), for appellant.

Cramer, Smith & Leach, PC., Syracuse (Ralph S. Alexander of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured while attempting a lay up when he collided in mid-air with a pole supporting a basketball backboard and rim. The Appellate Division correctly held that the proximity of the pole to the court was open and obvious, and thus the risk of collision with the pole was inherent in playing on that court. Therefore, the Appellate Division...

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