Cohen v. Sterling Mets, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), entered August 7, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On its motion for summary judgment dismissing the *792complaint, the defendant demonstrated its entitlement to judgment as a matter of law based upon the doctrine of primary assumption of the risk (see Roberts v Boys & Girls Republic, Inc., 10 NY3d 889 [2008]; Sutfin v Scheuer, 74 NY2d 697, 698 [1989]; Koenig…
2Cases cited7 opinions
- Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
- Sutfin v. ScheuerNew York Court of Appeals · 1989
- Koenig v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2004
- Pira v. Sterling Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Bereswill v. National Basketball Ass'nAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by2 opinions
- John Coomer v. Kansas City Royals Baseball CorporationSupreme Court of Missouri · 2014
- Swanson v. Queens Ballpark Co., LLCAppellate Division of the Supreme Court of the State of New York · 2026