Legal Opinion

DeJesus v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 2006PublishedCited by 2 opinions

1Opinion of the Court

*402Order, Supreme Court, New York County (Michael D. Stallman, J.), entered June 10, 2005, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This action is barred by the doctrine of assumption of risk. The 14-year-old plaintiff, an experienced cyclist, should have realized that certain risks, including having to swerve to avoid a pedestrian or that his tire might come in contact with the abutting curb, causing him to fall, were inherent in riding a bike on a pedestrian-only cement walkway and are not dangers over…

2Cases cited2 opinions

  1. Omer v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2002
  2. Chrem v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Corwin v. NYC Bike Share, LLCDistrict Court, S.D. New York · 2017
  2. Puma v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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