Legal Opinion
Marcano v. City of New York
New York Court of Appeals
Decided December 17, 2002PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendants’ motion for summary judgment granted and complaint dismissed. Certified question answered in the negative. Plaintiff assumed the risk of injury when he swung on, and subsequently fell off, an exercise apparatus constructed over a concrete floor (see, Turcotte v Fell, 68 NY2d 432, 438-439; see also, Morgan v State of New York, 90 NY2d 471, 488).
Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and…
2Cases cited2 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
3Cited by14 opinions
- Joseph v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
- Schnetz v. Ohio Department of Rehabilitation & CorrectionOhio Court of Appeals · 2011
- Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012
- Chaikin v. Long Island City YMCAAppellate Division of the Supreme Court of the State of New York · 2006
- Rosenblatt v. St. George Health & Racquetball Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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