A.S. v. CITY OF NEW YORK

160866/16E. Appeal No. 13806. Case No. 2020-03258.

194 A.D.3d 463 (2021)

143 N.Y.S.3d 541

2021 NY Slip Op 02975

A.S., an Infant, by Her Mother and Natural Guardian, Gizelle C., et al., Appellants, v. City of New York, Respondent.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellants.

James E. Johnson , Corporation Counsel, New York ( Anna W. Gottlieb of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.


Plaintiff, an experienced 16-year-old softball player was playing softball on an outdoor artificial turf field owned by defendant City of New York (the City). Plaintiff maintained that she sustained injures to her left knee when she stepped into a hole on the turf that had been placed over existing turf. The City contends that the hole was an open and obvious condition and that plaintiff assumed the risk of injury. We disagree. The photographs in the record appear to depict...

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