Practice point: The Appellate Division found that dismissal of the complaint was proper in this action where plaintiff
alleges that he was injured when, while playing basketball, he slipped
on sand on the court. Plaintiff assumed the risks
inherent in playing on the outdoor court, and the sand he allegedly
slipped on was a result of a naturally occurring condition of the
outdoor setting.
Student note: The Court noted that plaintiff had played on the subject court on numerous
occasions and was familiar with its problem of accumulating sand, which
was dealt with by sweeping the court when necessary.
Case: Austion v Parkchester S. Condominium, Inc., NY Slip Op 04424 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Premises' owner pleads exclusivity of Workers Comp.
