Legal Opinion
Gamble v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
Decided March 5, 2001PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated June 14, 2000, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion is granted, and the complaint is dismissed.
The infant plaintiff was injured when she tripped and fell on a crack in the surface of a basketball court while playing basketball. By engaging in a sport or recreational activity, a participant consents to those commonly-appreciated…
2Cases cited5 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Pascucci v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1992
- Paone v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- Morlock v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
- Goldberg v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2001
- Wilck v. Country Pointe at Dix Hills Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 2013
- Tinto Ex Rel. Tinto v. Yonkers Board of EducationAppellate Division of the Supreme Court of the State of New York · 2016
- Ninivaggi v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2019
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