Marcano v. City of New York

OPINION OF THE COURT

Buckley, J.

The issue here is, are there questions of fact concerning whether plaintiff assumed the risk of his injury? We answer in the affirmative, reinstate the complaint, and remand for further proceedings.

I

This is an action for damages for serious personal injuries sustained by plaintiff Carlos Marcano while he was being detained on $2,500 bail at Rikers Island. There are no charges presently pending against plaintiff, and he has never been convicted of a crime. In 1988, plaintiff came to the United States from the Dominican Republic.

Certain facts are undisputed. On…