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Ozner v. Towners Country Club [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2000
(N.Y. App. Div. Oct. 31, 2000)

Opinion

Submitted October 4, 2000

October 31, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated October 29, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Wingate, Russotti Shapiro, LLP, New York, N.Y. (Stephen R. Krawitz of counsel), for appellants.

Morenus, Cardoza Conway, Westbury, N.Y. (Brian S. Brandman of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court that the injured plaintiff, an experienced golfer who had played on the defendant's golf course on numerous occasions before the accident, assumed the risk of injury (see, Carracino v. Town of Oyster Bay, 247 A.D.2d 501; Sands v. Bonnie View on Lake George, 230 A.D.2d 902; Egeth v. County of Westchester, 206 A.D.2d 502). Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly granted.


Summaries of

Ozner v. Towners Country Club [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 2000
(N.Y. App. Div. Oct. 31, 2000)
Case details for

Ozner v. Towners Country Club [2d Dept 2000

Case Details

Full title:MARVIN OZNER, ET AL., APPELLANTS, v. TOWERS COUNTRY CLUB, INC., RESPONDENT

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

Date published: Oct 31, 2000

Citations

(N.Y. App. Div. Oct. 31, 2000)