Legal Opinion
Trevett v. City of Little Falls
New York Court of Appeals
Decided May 9, 2006PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff was injured while attempting a lay up when he collided in mid-air with a pole supporting a basketball backboard and rim. The Appellate Division correctly held that the proximity of the pole to the court was open and obvious, and thus the risk of collision with the pole was inherent in playing on that court. Therefore, the Appellate Division properly dismissed the complaint on the ground that plaintiff had assumed the risk of injury (see Sykes v County of Erie, 94 NY2d 912 [2000]; Morgan…
2Cases cited2 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Sykes v. County of ErieNew York Court of Appeals · 2000
3Cited by29 opinions
- Cotty v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2009
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
- Ziegelmeyer v. United States Olympic CommitteeNew York Court of Appeals · 2006
- Ribaudo v. La Salle InstituteAppellate Division of the Supreme Court of the State of New York · 2007
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