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WILKES v. YMCA OF GREATER NEW YORK

1750, 15231/07

68 A.D.3d 542 (2009)

2009 NY Slip Op 9295

889 N.Y.S.2d 458

JEROME WILKES, Appellant, v. YMCA OF GREATER NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2009.

Defendants made a prima facie showing of entitlement to judgment based on the doctrine of primary assumption of the risk by demonstrating that the risk of colliding with the wall was inherent in the activity, and the condition of the wall was open and obvious (Ribaudo v La Salle Inst., 45 A.D.3d 556 [2007], lv denied 10 N.Y.3d 717 [2008]). Any difference between the wall and the out-of-bounds line was "perfectly obvious" ...

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