RAMOS v. CITY OF NEW YORK


70 A.D.3d 524 (2010)

894 N.Y.S.2d 867

JUANA RAMOS, as Mother and Natural Guardian of RICHARD CALDERON, an Infant, et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided February 18, 2010.


The record demonstrates that no issue of fact refutes the City's prima facie showing that plaintiff, an experienced teenage athlete, assumed the risk of falling when he continued playing baseball on a visibly wet field after seeing others on the field lose their footing. Nor is there any evidence that the City unreasonably increased that risk (see Benitez v New York City Bd. of Educ., 73 N.Y.2d 650 [1989]; Fintzi v New Jersey...

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