Brunsden v. Town of Eastchester

Appellate Division of the Supreme Court of New York

Brunsden v. Town of Eastchester

278 A.D.2d 268, 718 N.Y.S.2d 184, 2000 N.Y. App. Div. LEXIS 12954

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 2000·Published

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cowhey, J.), entered February 1, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff assumed the risk of colliding with another player, which is inherent in playing basketball. Therefore, the plaintiffs are precluded from recovery (see, Capello v Village of Suffern, 232 AD2d 599). Bracken, J. P., Santucci, Altman and Florio, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cowhey, J.), entered February 1, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff assumed the risk of colliding with another player, which is inherent in playing basketball. Therefore, the plaintiffs are precluded from recovery (see, Capello v Village of Suffern, 232 AD2d 599). Bracken, J. P., Santucci, Altman and Florio, JJ., concur.

Brunsden v. Town of Eastchester, 278 A.D.2d 268, 718 N.Y.S.2d 184, 2000 N.Y. App. Div. LEXIS 12954 (N.Y. Ct. App. 2000).

Pincite

278 A.D.2d 268 (Brunsden v. Town of Eastchester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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