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Fisher v. Syosset Central School District [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
694 N.Y.S.2d 691 (N.Y. App. Div. 1999)

Opinion

Argued May 24, 1999

August 16, 1999

Tarshis Hammerman, LLP, Forest Hills, N.Y. (Sanford Hausler of counsel), for appellants.

Morenus, Marchese Cardoza, Westbury, N.Y. (Susan J. Sommers of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN and WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated October 26, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The infant plaintiff (hereinafter the plaintiff), who voluntarily participated in extracurricular, school-sponsored cheerleading activities, hurt her thumb while practicing a maneuver she had performed many times before. At the time of her accident, the plaintiff, an experienced cheerleader, was assigned another student to protect her and break her fall, and the entire cheerleading team was being supervised by its coach.

Under the circumstances, the plaintiff assumed the risks of the sport in which she voluntarily engaged, including the obvious risk that she might fall onto the hard floor where the team was practicing ( see, e.g., Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658; Maddox v. City of New York, 66 N.Y.2d 270; Kennedy v. Rockville Centre Union Free School Dist., 186 A.D.2d 110; LaMountain v. South Colonie Cent. School Dist., 170 A.D.2d 914).

RITTER, J.P., THOMPSON, ALTMAN, and FRIEDMANN, JJ., concur.


Summaries of

Fisher v. Syosset Central School District [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
694 N.Y.S.2d 691 (N.Y. App. Div. 1999)
Case details for

Fisher v. Syosset Central School District [2d Dept 1999

Case Details

Full title:PAMELA FISHER, etc., et al., appellants, v. SYOSSET CENTRAL SCHOOL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 16, 1999

Citations

694 N.Y.S.2d 691 (N.Y. App. Div. 1999)