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ORTIZ v. CITY OF NEW YORK

8739, 20120/07.

101 A.D.3d 446 (2012)

954 N.Y.S.2d 455

2012 NY Slip Op 8423

JOHN J. ORTIZ, JR., an Infant by His Mother and Natural Guardian, CARMEN FELIX, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

December 6, 2012.

In this action for personal injuries sustained by the then 13-year-old plaintiff while playing basketball on an outdoor court at a park owned by defendant City of New York, defendant made a prima facie showing of entitlement to judgment as a matter of law based on the doctrine of assumption of risk (see Morgan v State of New York, 90 N.Y.2d 471, 482-486 [1997]). The risks assumed by the infant plaintiff included those created by...

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