McDaniels v. City of New York

Appellate Division of the Supreme Court of New York

McDaniels v. City of New York

234 A.D.2d 432, 651 N.Y.S.2d 153, 1996 N.Y. App. Div. LEXIS 13047

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

DecidedDecember 16, 1996

StatusPublished

Cited by3 cases

This text of 234 A.D.2d 432 (McDaniels v. City of New York) 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

McDaniels v. City of New York, 234 A.D.2d 432, 651 N.Y.S.2d 153, 1996 N.Y. App. Div. LEXIS 13047 (N.Y. Ct. App. 1996).

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Opinion

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated December 15, 1995, which granted the motion of the defendants City of New York and the New York City Board of Education for summary judgment dismissing the complaint insofar as it was asserted against them.

Ordered that the order is affirmed, with costs.

The record demonstrates that upon voluntarily participating in a game of football at the school courtyard owned or maintained by the municipal defendants, the plaintiff assumed the risk of the injury which he sustained (see, Turcotte v Fell, 68 NY2d 432, 439; Pascucci v Town of Oyster Bay, 186 AD2d 725; Drew v State of New York, 146 AD2d 847). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

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—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated December 15, 1995, which granted the motion of the defendants City of New York and the New York City Board of Education for summary judgment dismissing the complaint insofar as it was asserted against them.

Ordered that the order is affirmed, with costs.

The record demonstrates that upon voluntarily participating in a game of football at the school courtyard owned or maintained by the municipal defendants, the plaintiff assumed the risk of the injury which he sustained (see, Turcotte v Fell, 68 NY2d 432, 439; Pascucci v Town of Oyster Bay, 186 AD2d 725; Drew v State of New York, 146 AD2d 847). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

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Bluebook (online)

234 A.D.2d 432, 651 N.Y.S.2d 153, 1996 N.Y. App. Div. LEXIS 13047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniels-v-city-of-new-york-nyappdiv-1996.

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