Brown v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 23, 1997, which denied its motion for summary judgment with leave to renew.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is well settled that “by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (see, Morgan v…
2Cases cited6 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- McKey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Touti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Walner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Retian v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Green v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Sajkowski v. Young Men's Christian Ass'n of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Maharaj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Smith v. Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1999
4 more not listed; retrieve them via the Exa API.