MENDOZA v. VILLAGE OF GREENPORT


52 A.D.3d 788 (2008)

861 N.Y.S.2d 738

GERMAN MENDOZA, Appellant, v. VILLAGE OF GREENPORT, Respondent, et al., Defendant.

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

Decided June 24, 2008.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when he tripped in a hole on an outdoor basketball court in a public park owned by the defendant Village of Greenport (hereinafter the defendant). Under the doctrine of primary assumption of risk, "by 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...

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