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Conway v. O'Keefe

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2005
22 A.D.3d 784 (N.Y. App. Div. 2005)

Opinion

2004-06078.

October 31, 2005.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Lifson, J.), dated May 6, 2004, which granted the defendant's motion for summary judgment dismissing the complaint.

Kaye Lenchner, Mineola, N.Y. (Corey B. Kaye of counsel), for appellants.

Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for respondent.

Before: H. Miller, J.P., Santucci, Goldstein and Dillon, JJ., concur.


Ordered that the order is affirmed, with costs.

The infant plaintiff was allegedly injured when, while riding his bicycle, he jumped off a wooden ramp built by the defendant's now deceased husband.

The defendants established their entitlement to judgment as a matter of law based upon the doctrine of assumption of the risk ( see Morgan v. State of New York, 90 NY2d 471; Turcotte v. Fell, 68 NY2d 432; Boen v. Ski Plattekill, 282 AD2d 563). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the defendant unreasonably increased the inherent risks of injury associated with the infant plaintiff jumping his bike off the subject ramp or whether the infant was unaware of the potential for such risks ( cf. Muniz v. Warwick School Dist., 293 AD2d 724; Boen v. Ski Plattekill, supra).

In light of our determination, the plaintiffs' remaining contentions have been rendered academic.


Summaries of

Conway v. O'Keefe

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2005
22 A.D.3d 784 (N.Y. App. Div. 2005)
Case details for

Conway v. O'Keefe

Case Details

Full title:JONATHON CONWAY et al., Appellants, v. KAREN L. O'KEEFE, Respondent

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

Date published: Oct 31, 2005

Citations

22 A.D.3d 784 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8055
803 N.Y.S.2d 173

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