Ortiz v. City of New York

Appellate Division of the Supreme Court of New York

Ortiz v. City of New York

101 A.D.3d 446, 954 N.Y.2d 455

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 2012·Published·Cited by 2 cases

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Ortiz v. City of New York, 101 A.D.3d 446, 954 N.Y.2d 455 (N.Y. Ct. App. 2012).

Pincite

101 A.D.3d 446 (Ortiz v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related