DECISION ORDER
ORDERED that the appeal from the judgment is dismissed as the judgment was superseded by the resettled judgment; and it is further,
ORDERED that the resettled judgment is affirmed; and it is further,
ORDERED that the respondent is awarded one bill of costs.
The plaintiff sustained injuries after stepping in a hole while playing basketball on a court located in a New York City park. Because the hole was concealed by growing vegetation, the plaintiff could not have assumed the risk as a matter of law (see, Morgan v. State of New York, 90 N.Y.2d 471; Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Warren v. Town of Hempstead, 246 A.D.2d 536). Furthermore, the jury verdict was not against the weight of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).
SANTUCCI, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.