Judge v. City of New York

The complaint was properly dismissed in this action where the incarcerated plaintiff was injured while playing basketball on an outdoor court. Elaintiff fractured his ankle when he jumped and landed on a defect in the pavement, which had created a significant unevenness in the playing surface. Elaintiff *561was aware of the defect in the pavement before the day of his accident.

It is well established that “by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from…