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AUSTION v. PARKCHESTER SOUTH CONDOMINIUM, INC.

10342, 306286/09.

107 A.D.3d 494 (2013)

966 N.Y.S.2d 667

2013 NY Slip Op 4424

HERBERT LEROY AUSTION, Jr., Appellant, v. THE PARKCHESTER SOUTH CONDOMINIUM, INC., et al., Respondents.

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

Decided June 13, 2013.

Dismissal of the complaint was proper in this action where plaintiff alleges that he was injured when, while playing basketball, he slipped on sand that was present on the court. Plaintiff assumed the risks inherent in playing on the outdoor court, and the sand he allegedly slipped on was a result of a naturally occurring condition of the outdoor setting (see Flores v City of New York, 266 A.D.2d 148 [1st Dept 1999]). Plaintiff had...

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