Marcano v. City of New York

New York Court of Appeals

Marcano v. City of New York

784 N.E.2d 73, 99 N.Y.2d 548, 754 N.Y.S.2d 200, 2002 N.Y. LEXIS 3805

New York Court of Appeals·Decided December 17, 2002·Published·Cited by 14 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendants’ motion for summary judgment granted and complaint dismissed. Certified question answered in the negative. Plaintiff assumed the risk of injury when he swung on, and subsequently fell off, an exercise apparatus constructed over a concrete floor (see, Turcotte v Fell, 68 NY2d 432, 438-439; see also, Morgan v State of New York, 90 NY2d 471, 488).

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendants’ motion for summary judgment granted and complaint dismissed. Certified question answered in the negative. Plaintiff assumed the risk of injury when he swung on, and subsequently fell off, an exercise apparatus constructed over a concrete floor (see, Turcotte v Fell, 68 NY2d 432, 438-439; see also, Morgan v State of New York, 90 NY2d 471, 488).

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.

Marcano v. City of New York, 784 N.E.2d 73, 99 N.Y.2d 548, 754 N.Y.S.2d 200, 2002 N.Y. LEXIS 3805 (N.Y. 2002).

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Opinion

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