Legal Opinion
Barton v. Hapeman
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiffs commenced this action to recover for injuries sustained by their daughter, Kimberly, when, during a youth hockey game, she was allegedly “charged” and “cross-checked” from behind by Justin Hapeman, in violation of league rules. Plaintiffs additionally sued the league and the national organization that sponsors it. Supreme Court granted defendants’ motions for summary judgment dismissing the complaint, holding that Kimberly had assumed the risk of Justin’s conduct, which the court found was one of the “ordinary risks of hockey”.
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2Cases cited5 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Totino v. Nassau County Council of Boy Scouts of AmericaAppellate Division of the Supreme Court of the State of New York · 1995
- Marlowe v. Rush-Henrietta Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1990
- Napoli v. Mount Alvernia, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Rosenblatt v. KahnAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Vega v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2001
- Glazier v. Keuka CollegeAppellate Division of the Supreme Court of the State of New York · 2000
- BUTCHELLO, TRAVIS v. HERBERGER, MICHAEL J.Appellate Division of the Supreme Court of the State of New York · 2016
- Mayer v. GulmiAppellate Division of the Supreme Court of the State of New York · 2009
- Kaiser v. Lakeshore Youth Soccer Ass'nAppellate Division of the Supreme Court of the State of New York · 2004
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