Maharaj v. City of New York

Summary

The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment to the City, holding that the primary assumption of risk doctrine bars the plaintiff’s negligence claim arising from a cracked asphalt surface in a public park. The court found no evidence that the defect unreasonably enhanced the inherent risks of playing cricket, and therefore the defendants were not liable for ordinary negligence in maintaining the premises. The certified question on the proper application of the doctrine was answered in the affirmative.