Appeal from an order of the Court of Claims (Benza, J.), entered October 14, 1997, which, inter alia, granted the State’s motion for summary judgment dismissing the claims.
On February 21, 1988 claimants, both experienced bobsled
Claimants thereafter filed separate claims against the State, acting through the Olympic Regional Development Authority and the Department of Environmental Conservation (hereinafter collectively referred to as the State), alleging, inter alia, that the State was negligent in the design, construction and maintenance of the Mt. Van Hovenberg bobsled facility. Specifically, claimants alleged that the 20-foot gap in the outrun wall was a dangerous and defective condition. Following joinder of issue and discovery, the State moved for summary judgment dismissing the claims asserting, inter alia, that claimants had voluntarily assumed a risk inherent in the sport of bobsledding. Claimants opposed the motion and cross-moved for partial summary judgment on the issue of liability. Relying upon the Court of Appeals decision in Morgan v State of New York (90 NY2d 471) and the doctrine of stare decisis, the Court of Claims granted the State’s motion and dismissed the underlying claims. This appeal by claimants ensued.
We affirm. “The doctrine of stare decisis provides that once a court has decided a legal issue, subsequent appeals presenting similar facts should be decided in conformity with the earlier decision” (People v Bing, 76 NY2d 331, 337-338). The doctrine, which “rests upon considerations of practicality and principle” (People v Damiano, 87 NY2d 477, 488 [Simons, J., concurring]), recognizes that a legal question, once resolved, should not be reexamined each and every time that it is presented (see, Matter of Deposit Cent. School Dist. v Public Empl. Relations Bd., 214 AD2d 288, 290, lv dismissed and denied 88 NY2d 866; Dufel v Green, 198 AD2d 640, affd 84 NY2d 795). Simply stated, the established precedent prevails unless there is a compelling reason to depart from it (see, Matter of Schulz v State of New York, 241 AD2d 806, 808, appeal dismissed 90 NY2d 1007; Dufel v Green, supra).
Mikoll, J. P., Yesawich Jr., Spain and Graffeo, JJ., concur. Ordered that the order is affirmed, without costs.
