Legal Opinion
Mendoza v. Village of Greenport
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 2008PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered March 13, 2007, which granted the motion of the defendant Village of Greenport for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured when he tripped in a hole on an outdoor basketball court in a public park owned by the defendant Village of Greenport (hereinafter the defendant). Under the doctrine of primary assumption of risk, “by engaging…
2Cases cited3 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Joseph v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
- Paone v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Bendig v. Bethpage Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Fenty v. Seven Meadows Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Alvarez v. Colgate Scaffolding & Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Fenty v. Seven Meadows Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Herrera v. Town of KentAppellate Division of the Supreme Court of the State of New York · 2025
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