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ENRIQUE HERNANDEZ, JR., etc., et al., appellants, v. CITY OF NEW YORK, respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The nearly 14-year-old plaintiff was injured while sledding down a hill at Sunset Park in Brooklyn when, unable to stop, he collided with a chain-link fence at the bottom of the hill. At his examination before trial, he testified that before the day of the accident he had gone sledding on another slope of the same hill. He further testified that the entire hill was covered with ice beneath the snow. Under these circumstances, the Supreme Court correctly concluded that the infant plaintiff assumed the risk inherent in this activity. Accordingly, the defendant's motion for summary judgment was properly granted (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, 657 ; Turcotte v. Fell, 68 N.Y.2d 432, 439; Matter of Moore v. State of New York, 245 A.D.2d 456 ).

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.

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HERNANDEZ v. CITY OF NEW YORK
(Dec 13, 1999)