Marescot v. St. Augustine's R. C. School
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 Church of St. Augustine appeals from an order of the Supreme Court, Rockland County (Miller, J.), dated August 9, 1995, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, the motion of the Church of St. Augustine is granted, and the complaint is dismissed insofar as asserted against it.
The record demonstrates that the plaintiff David Marescot, an experienced basketball player, assumed the risk of the injury…
2Cases cited8 opinions
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Reilly v. Long Island Junior Soccer League, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Greenberg v. North Shore Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by10 opinions
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- Sheridan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Castellanos v. Nassau/Suffolk Dek Hockey, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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