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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
CourtNew York Court of Appeals
DecidedDecember 17, 2002
StatusPublished
Cited by14 cases

This text of 784 N.E.2d 73 (Marcano v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
784 N.E.2d 73, 99 N.Y.2d 548, 754 N.Y.S.2d 200, 2002 N.Y. LEXIS 3805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcano-v-city-of-new-york-ny-2002.