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MILLINER v. NEW YORK CITY HOUSING AUTHORITY

57 A.D.3d 383 (2008)

870 N.Y.S.2d 260

BRANDON MILLINER, an Infant, by His Mother and Natural Guardian, THERESA McMULLIN, et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents. (And a Third-Party Action.)

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

December 23, 2008.

Dismissal of the complaint was appropriate since plaintiff assumed the risks inherent in playing basketball outdoors (see Sykes v County of Erie, 94 N.Y.2d 912 [2000]; LaSalvia v City of New York, 305 A.D.2d 267 [2003]; McKey v City of New York, 234 A.D.2d 114 [1996]). The evidence establishes that plaintiff...

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