Legal Opinion

Cotty v. Town of Southampton

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

Decided May 19, 2009PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

Skelos, J.E

When a person voluntarily participates in certain sporting events or athletic activities, an action to recover damages for injuries resulting from conduct or conditions that are inherent in the sport or activity is barred by the doctrine of primary assumption of risk. In this case, where the plaintiff was injured while riding a bicycle on a paved public roadway, we confront the threshold question of whether the plaintiff was engaged in an activity that subjected her to the doctrine of primary assumption of risk.

Beginning on July 24, 2002, pursuant to a contract…

2Cases cited24 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Turcotte v. FellNew York Court of Appeals · 1986
  3. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  4. Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
  5. Sykes v. County of ErieNew York Court of Appeals · 2000

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3Cited by49 opinions

  1. Custodi v. Town of AmherstNew York Court of Appeals · 2012
  2. Braile v. Patchogue Medford School Dist. of Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2014
  3. Zachary G. v. Young Israel of WoodmereAppellate Division of the Supreme Court of the State of New York · 2012
  4. Morales v. Coram Materials Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Bocelli v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012

44 more not listed; retrieve them via the Exa API.

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