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Alleged negligent maintenance of basketball hoop by city - Jagged hole in backboard - Plaintiff injures hand while attempting to "dunk" basketball - Liability only.

Queens County

The plaintiff contended that the defendant city negligently failed to maintain the basketball backboard situated on a playground. The plaintiff maintained that a hole containing a jagged edge had been present for approximately one year, and that the defendant had constructive notice of the condition. There was no evidence of actual notice.

The defendant denied that the plaintiff’s position should be accepted.

The defendant argued that although the plaintiff’s two notice witness had indicated that the condition had been present for approximately one year, the plaintiff, who indicated he played at this playground three to four times per week, denied that he was personally aware of the condition. The plaintiff countered that four hoops were present, and that he rarely used this particular basket.

The jury found that the defendant was not negligent.

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