WALLACE v. CITY OF NEW YORK

818, 310394/11.

138 A.D.3d 509 (2016)

28 N.Y.S.3d 313

2016 NY Slip Op 02763

JAMES WALLACE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 12, 2016.


Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered December 18, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing of their entitlement to judgment as a matter of law, by submitting evidence showing that plaintiff, an experienced basketball player, voluntarily chose to play basketball on an outdoor court that had an open

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