New York Court of Appeals
Lester Sykes, Jr. v. County of Erie
March 30, 200094 N.Y.2d 912
Summary
The Court affirmed the Appellate Division's dismissal of the plaintiff's negligence claim, holding that the plaintiff assumed the risk of injury by playing on an outdoor basketball court with an open and obvious recessed drain. The Court found no evidence that the drain was defective or improperly maintained, and therefore affirmed the dismissal.