Alqurashi v. Party of Four, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff allegedly sustained personal injuries while he was exercising at the defendant’s gym with what he described as a set of 140-pound dumbbells, consisting of seven 10-pound metal plates on each side of a metal bar. The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity “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” (Morgan v State of New York, 90 NY2d 471, 484 [1997]). However, the doctrine will not serve as a bar…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Morgan v. StateNew York Court of Appeals · 1997
- Lee v. MaloneyAppellate Division of the Supreme Court of the State of New York · 2000
- Demelio v. Playmakers, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Fithian v. Sag Harbor Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by19 opinions
- Herman v. Lifeplex, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Braile v. Patchogue Medford School Dist. of Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2014
- Viola v. Carmel Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
- Georgiades v. Nassau Equestrian Center at Old Mill, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Williams v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
14 more not listed; retrieve them via the Exa API.