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Chrem v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 2002
293 A.D.2d 301 (N.Y. App. Div. 2002)

Opinion

635

April 9, 2002.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered December 18, 2000, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

STEPHEN D. CHAKWIN, JR., for plaintiff-appellant.

JANE L. GORDON DAWN C. DESIMONE, for defendants-respondents.

Before: Saxe, J.P., Buckley, Sullivan, Rosenberger, Ellerin, JJ.


We reject plaintiff's argument that defendants improperly created a condition that was concealed and dangerous to bicyclists, on a path that defendants knew or should have known was being used by bicyclists. As a matter of law, the possibility of a steep drop-off in the back of a dirt mound that is rounded in the front is inherent in the activity of riding a bike in an area that plaintiff knew or should have known is not designated for bike riding, and, in any event, did not create a danger over and above the usual dangers of that activity (see, Schiavone v. Brinewood Rod Gun Club, 283 A.D.2d 234, 236-237).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Chrem v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 2002
293 A.D.2d 301 (N.Y. App. Div. 2002)
Case details for

Chrem v. City of New York

Case Details

Full title:JEFFREY CHREM, PLAINTIFF-APPELLANT, v. THE CITY OF NEW YORK, ET AL.…

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

Date published: Apr 9, 2002

Citations

293 A.D.2d 301 (N.Y. App. Div. 2002)
741 N.Y.S.2d 201

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