Morlock v. Town of North Hempstead
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 appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated May 3, 2004, which denied its motion 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.
“[B]y engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York,…
2Cases cited16 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Sheridan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Cevetillo v. Town of Mount PleasantAppellate Division of the Supreme Court of the State of New York · 1999
- Lo Piccolo v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by15 opinions
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- Musante v. Oceanside Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
- Fenty v. Seven Meadows Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
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