Legal Opinion

Chittick v. USA Cycling, Inc.

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

Decided September 23, 2008Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered October 3, 2007, which granted the motion of defendant USA Cycling, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The record establishes that USA Cycling merely sanctioned, i.e., lent its name to, the bicycle race during which plaintiff spectators were struck by the three-wheel scooter operating as the rear pace vehicle. Since it had no control over the race, USA Cycling had no duty to prevent any negligence involved therein (see e.g. Mauro v City of Yonkers, 282 AD2d 720…

2Cases cited1 opinion

  1. Mauro v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2001

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