Milliner v. New York City Housing Authority

Dismissal of the complaint was appropriate since plaintiff as*384sumed the risks inherent in playing basketball outdoors (see Sykes v County of Erie, 94 NY2d 912 [2000]; LaSalvia v City of New York, 305 AD2d 267 [2003]; McKey v City of New York, 234 AD2d 114 [1996]). The evidence establishes that plaintiff, an experienced basketball player who was familiar with the subject court’s playing surface and its depressions, slipped in a puddle of water and fell. Indeed, plaintiff acknowledged that he had been playing on the court for about an hour and a half prior to his fall and was aware of the puddle.