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CHREM v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, First Department.
Apr 9, 2002
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We reject plaintiff's argument that defendants improperly created a condition that was concealed and dangerous to bicyclists, on a path that defendants knew or should have known was being used by bicyclists. As a matter of law, the possibility of a steep drop-off in the back of a dirt mound that is rounded in the front is inherent in the activity of riding a bike in an area that plaintiff knew or should have known is not designated for bike riding, and, in any event, did not create a danger over and above the usual dangers of that activity (see, Schiavone v. Brinewood Rod Gun Club, 283 A.D.2d 234, 236-237).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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