Legal Opinion
Layden v. Plante
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012Published
1Opinion of the CourtGarry, J.
The doctrine of assumption of risk provides that a person *1541who voluntarily participates in recreational or athletic activities is deemed to consent to the “commonly appreciated risk[s]” inherent in that activity (Anand v Kapoor, 15 NY3d 946, 948 [2010]; see Morgan v State of New York, 90 NY2d 471, 484 [1997]). However, a participant does not assume risks resulting from “a dangerous condition over and above the usual dangers inherent in the activity” (Myers v Friends of Shenendehowa Crew, Inc., 31 AD3d 853, 854 [2006] [internal quotation marks and citations omitted]; see Custodi v Town of…
2Cases cited24 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Morgan v. StateNew York Court of Appeals · 1997
- Gross v. SweetNew York Court of Appeals · 1979
- Custodi v. Town of AmherstNew York Court of Appeals · 2012
- Trupia v. Lake George Central School DistrictNew York Court of Appeals · 2010
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