General
John J. Ortiz, Jr., an Infant by His Mother and Natural Guardian, Carmen Felix, et al., Appellants, v. City of New York, Respondent
101 A.D.3d 446954 N.Y.S.2d 455·New York Supreme Court, Appellate Division·2012·NY
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Opinion
John J. Ortiz, Jr., an Infant by His Mother and Natural Guardian, Carmen Felix, et al., Appellants, v City of New York, Respondent.
[954 NYS2d 455]
[MAJORITY]
In this action for personal injuries sustained by the then 13-year-old plaintiff while playing basketball on an outdoor court at a park owned by defendant City of New York, defendant made a prima facie showing of entitlement to judgment as a matter of law based on the doctrine of assumption of risk (see Morgan v State of New York, 90 NY2d 471, 482-486 [1997]). The risks assumed by the infant plaintiff included those created by the gaps in the playing surface. In opposition, plaintiff failed to raise a triable issue of fact. Concur — Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam and Feinman, JJ.