Brown v. City of Peekskill
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, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Wood, J.), dated March 8, 1994, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.
The record demonstrates that the infant plaintiff assumed the risk of the injuries he sustained while voluntarily participating in a basketball game (see, Benitez v New York City Bd. of Educ., 73 NY2d 650; Turcotte v Fell,…
2Cases cited7 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Hoffman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Russini v. Inc. Village of MineolaAppellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Marescot v. St. Augustine's R. C. SchoolAppellate Division of the Supreme Court of the State of New York · 1996
- Castellanos v. Nassau/Suffolk Dek Hockey, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Capello v. Village of SuffernAppellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.