Trevett v. City of Little Falls, 6 N.Y.3d 884

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured while attempting a lay up when he collided in mid-air with a pole supporting a basketball backboard and rim. The Appellate Division correctly held that the proximity of the pole to the court was open and obvious, and thus the risk of collision with the pole was inherent in playing on that court. Therefore, the Appellate Division properly dismissed the complaint on the ground that plaintiff had assumed the risk of injury (see Sykes v County of Erie, 94 NY2d 912 [2000]; Morgan v State of New York, 90 NY2d 471 [1997]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Case Details

Case Name: Trevett v. City of Little Falls

Court Name: New York Court of Appeals

Date Published: May 9, 2006

Citations: 6 N.Y.3d 884; 849 N.E.2d 961; 816 N.Y.S.2d 738

Court Abbreviation: N.Y.