Legal Opinion
Walner v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 1997PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 6, 1996, which, inter alia, granted the defendants’ cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the outdoor basketball court where he sustained his injuries, including those risks associated with the construction of the court and any open and obvious conditions on it (see, Maddox v City of…
2Cases cited5 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Touti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Marescot v. St. Augustine's R. C. SchoolAppellate Division of the Supreme Court of the State of New York · 1996
- DiPietro v. Adelphi UniversityAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by11 opinions
- Paone v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Cevetillo v. Town of Mount PleasantAppellate Division of the Supreme Court of the State of New York · 1999
- Sanchez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Smith v. Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1999
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