FURGANG v. CLUB MED

The risk of encountering ruts and bumps while riding a bike over a rough roadway without a helmet is so obvious (see Schiavone v. Brinewood Rod Gun Club, 283 A.D.2d 234, 236-237), or should be to an experienced bicyclist such as plaintiff (see Marcano v. City of New York, 296 A.D.2d 43, 47-48 743 N.Y.S.2d 456, 460), that, as a matter of law, plaintiff assumed any risk inherent in the activity (see Hawley v. Binghamton Mets Baseball Club, 262 A.D.2d 729, 732).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.