Legal Opinion

Mondelli v. County of Nassau

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

Decided March 25, 2008PublishedCited by 7 opinions

1Opinion of the Court

*827“[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 [1997]). “It is not necessary to the application of assumption of risk that the injured plaintiff have foreseen the exact manner in which his or her injury occurred, so long as he or she is aware of the potential for injury of the mechanism from which the injury results” (Maddox v City of New York, 66 NY2d 270, 278 [1985]). The…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Morgan v. StateNew York Court of Appeals · 1997
  3. Maddox v. City of New YorkNew York Court of Appeals · 1985
  4. Morlock v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
  5. Casey v. Garden City Park-New Hyde Park School DistrictAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by7 opinions

  1. Hricus v. Aurora Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Bendig v. Bethpage Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  3. Fenty v. Seven Meadows Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Hanson v. Sewanhaka Central High School DistrictAppellate Division of the Supreme Court of the State of New York · 2017
  5. Fenty v. Seven Meadows Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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