Austion v. Parkchester South Condominium, Inc.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered September 27, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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…