Benolol v. City of New York

Order, Supreme Court, New York *415County (Cynthia S. Kern, J.), entered February 10, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs, and the motion denied.

Plaintiff was injured while playing soccer when he tripped over an uneven portion of the artificial turf field. Plaintiff testified that prior to his fall, he had not noticed the allegedly defective condition over which he fell.

While “the doctrine of assumption of the risk does not exculpate a landowner from liability for ordinary negligence in maintaining a premises”…