Marcano v. City of New York, 99 N.Y.2d 548

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendants’ motion for summary judgment granted and complaint dismissed. Certified question answered in the negative. Plaintiff assumed the risk of injury when he swung on, and subsequently fell off, an exercise apparatus constructed over a concrete floor (see, Turcotte v Fell, 68 NY2d 432, 438-439; see also, Morgan v State of New York, 90 NY2d 471, 488).

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.

Case Details

Case Name: Marcano v. City of New York

Court Name: New York Court of Appeals

Date Published: Dec 17, 2002

Citations: 99 N.Y.2d 548; 784 N.E.2d 73; 754 N.Y.S.2d 200; 2002 N.Y. LEXIS 3805

Court Abbreviation: N.Y.