MARCANO v. CITY OF NEW YORK

On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendants' motion for summary judgment granted and complaint dismissed. Certified question answered in the negative. Plaintiff assumed the risk of injury when he swung on, and subsequently fell off, an exercise apparatus constructed over a concrete floor (see,Turcotte v. Fell, 68 N.Y.2d 432, 438-439; see also, Morgan v. State of New York, 90 N.Y.2d 471, 488).