Opinion
October 23, 1997
Appeal from Supreme Court, New York County (Fern Fisher-Brandveen, J.).
Plaintiff, an experienced equestrian, while riding a rented horse on the Central Park bridle path, lost control of the horse, which, when "spooked," ran off of the bridle path and into the roadway in the vicinity of the 90th Street exit. Plaintiff was thrown, fracturing her leg, when the horse slipped. We reject plaintiff's contention that the City's liability arises from its failure to construct fencing segregating the bridle path from the roadway in the vicinity of the exit. Rather, plaintiff, an experienced voluntary participant in a potentially dangerous recreational event, assumed the risks associated with the reasonably foreseeable consequences of that activity.
Voluntary participants in sporting or recreational events are presumed "to have consented, by their participation, to those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation" ( Turcotte v. Fell, 68 N.Y.2d 432, 439; see also, Calise v. City of New York, 239 A.D.2d 378) and are inherent in the activity ( Morgan v. State of New York, 90 N.Y.2d 471) in the absence of any indication of concealed ( cf., Henig v. Hofstra Univ., 160 A.D.2d 761; compare, Calabro v Plattekill Mt. Ski Ctr., 197 A.D.2d 558, lv denied 83 N.Y.2d 754) or unreasonably increased risks ( Morgan v. State of New York, supra), or reckless or intentional conduct, not herein present.
Accordingly, we reverse on the issue of liability and dismiss the complaint against the City.
Concur — Milonas, J.P., Wallach, Williams, Tom and Mazzarelli, JJ.