Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

McDANIELS v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Dec 16, 1996

Ordered that the order is affirmed, with costs.

The record demonstrates that upon voluntarily participating in a game of football at the school courtyard owned or maintained by the municipal defendants, the plaintiff assumed the risk of the injury which he sustained ( see, Turcotte v Fell, 68 NY2d 432, 439; Pascucci v Town of Oyster Bay, 186 AD2d 725; Drew v State of New York, 146 AD2d 847).