Gatling v. Bronx Lebanon Hospital Center

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about July 9, 1998, granting the motion of defendants Bronx Lebanon Hospital Center and Bronx Lebanon Drug and Alcohol Out-Patient Program for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

“[B]y engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484), and accordingly, in…