Lisok v. Club Exit, Inc.

Appellate Division of the Supreme Court of New York

Lisok v. Club Exit, Inc.

15 A.D.3d 630, 790 N.Y.S.2d 223, 2005 N.Y. App. Div. LEXIS 1989

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

DecidedFebruary 28, 2005

StatusPublished

This text of 15 A.D.3d 630 (Lisok v. Club Exit, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lisok v. Club Exit, Inc., 15 A.D.3d 630, 790 N.Y.S.2d 223, 2005 N.Y. App. Div. LEXIS 1989 (N.Y. Ct. App. 2005).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 24, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that she slipped and fell on confetti which was dropped on the dance floor of the defendant’s club as part of a New Year’s Eve celebration. The plaintiff was dancing on the dance floor for approximately 30 minutes before the accident occurred, and experienced a slippery sensation throughout most of that period of time. Under the circumstances, the doctrine of assumption of risk mandates the granting of sum[631]*631mary judgment dismissing the complaint (see Naghdi v Torah Caterers, 308 AD2d 567 [2003]; Bush v Brentwood Veterans War Mem., 302 AD2d 546, 547 [2003]; Meli v Star Power Natl. Talent Co., 283 AD2d 617, 618 [2001]; LaFond v Star Time Dance & Performing Arts Ctr., 279 AD2d 509 [2001]; LoPiccolo v Town of Oyster Bay, Dept. of Parks, 260 AD2d 606 [1999]). H. Miller, J.E, Crane, Spolzino and Fisher, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 24, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that she slipped and fell on confetti which was dropped on the dance floor of the defendant’s club as part of a New Year’s Eve celebration. The plaintiff was dancing on the dance floor for approximately 30 minutes before the accident occurred, and experienced a slippery sensation throughout most of that period of time. Under the circumstances, the doctrine of assumption of risk mandates the granting of sum[631]*631mary judgment dismissing the complaint (see Naghdi v Torah Caterers, 308 AD2d 567 [2003]; Bush v Brentwood Veterans War Mem., 302 AD2d 546, 547 [2003]; Meli v Star Power Natl. Talent Co., 283 AD2d 617, 618 [2001]; LaFond v Star Time Dance & Performing Arts Ctr., 279 AD2d 509 [2001]; LoPiccolo v Town of Oyster Bay, Dept. of Parks, 260 AD2d 606 [1999]). H. Miller, J.E, Crane, Spolzino and Fisher, JJ., concur.

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Bluebook (online)

15 A.D.3d 630, 790 N.Y.S.2d 223, 2005 N.Y. App. Div. LEXIS 1989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisok-v-club-exit-inc-nyappdiv-2005.

Opinion

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