Legal Opinion
Machowski v. Gallant
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied, complaint reinstated, cross motion granted and seventh affirmative defense dismissed. Memorandum: Supreme Court erred in granting defendants’ motion for summary judgment dismissing this wrongful death action, arising out of the fatal heart attack suffered by plaintiff’s husband (decedent) shortly after he completed the test for his black belt in karate. "Generally, whether the plaintiff assumed a risk by participating in a sport is a question for the jury; dismissal of the complaint is appropriate only when the proof before…
2Cases cited10 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Gross v. SweetNew York Court of Appeals · 1979
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rutnik v. Colonie Center Court Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Rosania v. CarmonaNew Jersey Superior Court Appellate Division · 1998
- Rios v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1998
- Heminway v. State UniversityAppellate Division of the Supreme Court of the State of New York · 1997
- Barone v. St. Joseph's VillaAppellate Division of the Supreme Court of the State of New York · 1998