Legal Opinion

DiPietro v. Adelphi University

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1996PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated December 21, 1995, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff assumed the risk of the injury which he sustained upon voluntarily participating in a basketball game at the defendant’s facility (see, Marescot v St. Augustine’s R. C. School, 226 AD2d 507; Reilly v Long Is. Jr. Soccer League, 216 AD2d 281; Greenberg v North Shore Cent. School Dist. No.…

2Cases cited9 opinions

  1. Turcotte v. FellNew York Court of Appeals · 1986
  2. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  3. Maddox v. City of New YorkNew York Court of Appeals · 1985
  4. Pascucci v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1992
  5. Reilly v. Long Island Junior Soccer League, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Walner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  2. Smith v. Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1999

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