BENOLOL v. CITY OF NEW YORK

Nos. 7246, 107244/10.

94 A.D.3d 414 (2012)

941 N.Y.S.2d 489

2012 NY Slip Op 2426

SAMUEL BENOLOL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 3, 2012.


Plaintiff was injured while playing soccer when he tripped over an uneven portion of the artificial turf field. Plaintiff testified that prior to his fall, he had not noticed the allegedly defective condition over which he fell.

While "the doctrine of assumption of the risk does not exculpate a landowner from liability for ordinary negligence in maintaining a premises" (Sykes v County of Erie, 94 N.Y.2d 912, 913 [2000]),...

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