Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.
The record demonstrates that the infant plaintiff assumed the risk of the injuries he sustained while voluntarily participating in a basketball game (see, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432, 439; see also, Weithofer v. Unique Racquetball Health Clubs, 211 A.D.2d 783; Gonzalez v. City of New York, 203 A.D.2d 421; Ferrarro v Town of Huntington, 202 A.D.2d 468; Russini v. Incorporated Vil. of Mineola, 184 A.D.2d 561; Hoffman v. City of New York, 172 A.D.2d 716). The infant plaintiff testified that he was aware of the existence and the dangerous nature of a curb at the particular basketball court where he was injured. He played the game regardless of the condition and was injured when he came down on the curb. We note that the infant plaintiff had played on the court on prior occasions and had voiced his concern about the dangerous nature of the curb. Under these circumstances, the infant plaintiff assumed the risk of his injuries and summary judgment should have been granted to the defendant. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.