Legal Opinion

Egbebemwen A. Ex Rel. Benedicta A. v. New York City Department of Education

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

Decided March 7, 2017No. 3331 108188/11Published

1Opinion of the Court

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered June 5, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Infant plaintiff, a 15-year-old member of his school’s basketball team, was injured when he tripped on a wrestling mat that he alleges was two to four steps from the baseline of an indoor basketball court, after he tried to dunk the basketball during a lay-up drill. The basketball court was located in a multi-purpose gym, and the wrestling mat, by all accounts, was open and obvious. Plaintiff…

2Cases cited4 opinions

  1. Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Steward v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 1996
  3. Latimer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Wallace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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