Sykes v. County of Erie

—Order reversed on the law without *948costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action seeking to recover damages for a knee injury sustained by Lester Sykes, Jr. (plaintiff) while playing basketball on an outdoor court owned by defendant. Plaintiff was injured when he stepped into a recessed drain near the free throw line.

Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff assumed those risks inherent in playing on the outdoor basketball court, including those risks associated with the construction…