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Brunsden v. Town of Eastchester

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 268 (N.Y. App. Div. 2000)

Opinion

Argued November 15, 2000

December 12, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cowhey, J.), entered February 1, 2000, which granted the defendant's motion for summary judgment dismissing the complaint.

Michael Kass, New York, N.Y. (George Schwarz of counsel), for appellants.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N Y (Christina M. Rogers of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The injured plaintiff assumed the risk of colliding with another player, which is inherent in playing basketball. Therefore, the plaintiffs are precluded from recovery (see, Capello v. Village of Suffern, 232 A.D.2d 599).


Summaries of

Brunsden v. Town of Eastchester

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 268 (N.Y. App. Div. 2000)
Case details for

Brunsden v. Town of Eastchester

Case Details

Full title:KAITLIN BRUNSDEN, ET AL., APPELLANTS, v. TOWN OF EASTCHESTER, RESPONDENT

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

Date published: Dec 12, 2000

Citations

278 A.D.2d 268 (N.Y. App. Div. 2000)
718 N.Y.S.2d 184