Torre v. City of Glen Cove

Appellate Division of the Supreme Court of New York

Torre v. City of Glen Cove

259 A.D.2d 540, 686 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 2239

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

DecidedMarch 8, 1999

StatusPublished

Cited by3 cases

This text of 259 A.D.2d 540 (Torre v. City of Glen Cove) 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

Torre v. City of Glen Cove, 259 A.D.2d 540, 686 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 2239 (N.Y. Ct. App. 1999).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), dated December 1, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the softball field where [541]*541he sustained his injuries, including those risks associated with the construction of the field and any open and obvious conditions on it (see, Morgan v State of New York, 90 NY2d 471, 484; Maddox v City of New York, 66 NY2d 270, 277; Brown v City of New York, 251 AD2d 361; Gahan v Mineóla Union Free School Dist., 241 AD2d 439; McKey v City of New York, 234 AD2d 114; Bartucelli v New York City Bd. of Educ., 233 AD2d 352; Tiedemann v Notre Dame Academy, 227 AD2d 545; Russini v Incorporated Vil. of Mineóla, 184 AD2d 561). Bracken, J. P., Thompson, Altman and Krausman, 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, Nassau County (Schmidt, J.), dated December 1, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the softball field where [541]*541he sustained his injuries, including those risks associated with the construction of the field and any open and obvious conditions on it (see, Morgan v State of New York, 90 NY2d 471, 484; Maddox v City of New York, 66 NY2d 270, 277; Brown v City of New York, 251 AD2d 361; Gahan v Mineóla Union Free School Dist., 241 AD2d 439; McKey v City of New York, 234 AD2d 114; Bartucelli v New York City Bd. of Educ., 233 AD2d 352; Tiedemann v Notre Dame Academy, 227 AD2d 545; Russini v Incorporated Vil. of Mineóla, 184 AD2d 561). Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.

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Bluebook (online)

259 A.D.2d 540, 686 N.Y.S.2d 457, 1999 N.Y. App. Div. LEXIS 2239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torre-v-city-of-glen-cove-nyappdiv-1999.

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