Legal Opinion

Shakura T. v. City of New York

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

Decided April 22, 2014Published

1Opinion of the Court

*597Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered November 23, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Where students are engaged in wholly voluntary extracurricular athletic endeavors, the school sponsoring such activity is under a duty of ordinary reasonable care, a duty to protect student athletes from unassumed, concealed or unreasonably increased risks (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 654 [1989]; Barretto v City of New York, 229 AD2d 214, 218 [1st Dept 1997], lv…

2Cases cited8 opinions

  1. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  2. Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
  3. Roberts v. Boys & Girls Republic, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Barretto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  5. Lopez v. Skate Key, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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