Legal Opinion
Capello v. Village of Suffern
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1996PublishedCited by 6 opinions
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Rockland County (Miller, J.), dated August 28, 1995, which denied its motion, in effect, for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
"As a general rule, [sports] participants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent, or are reasonably foreseeable consequences of the…
2Cases cited5 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Steward v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 1996
- Egeth v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1994
- Marescot v. St. Augustine's R. C. SchoolAppellate Division of the Supreme Court of the State of New York · 1996
- Brown v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Rutnik v. Colonie Center Court Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Morlock v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2004
- Regan v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Levinson v. Incorporated Village of BayvilleAppellate Division of the Supreme Court of the State of New York · 1998
- Lungen v. Harbors Haverstraw Homeowners Assn., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
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