Charnovesky v. City of New York

—In an action to recover damages for personal injuries, etc., the defendant appeals from a judgment of Supreme Court, Kings County (Gerges, J.), dated June 2, 2000, which, after nonjury trial, is in favor of the plaintiff Robert Charnovesky and against it in the principal sum of $66,600.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly declined to consider the defendant’s contention that the plaintiff Robert Charnovesky (hereinafter the plaintiff) assumed the risk of tripping in a two-inch deep hole in the concrete surface of the defendant’s schoolyard while jogging…