Trainer v. Camp Hadar Hatorah
Cases that cite this one
6 later published cases cite this decision.
- Mata v. Huntington Union Free School District (Appellate Division of the Supreme Court of New York 2008)
- Rivera v. Board of Education of Yonkers (Appellate Division of the Supreme Court of New York 2005)
- Leonard v. County of Suffolk (Appellate Division of the Supreme Court of New York 2005)
- Douglas v. John Hus Moravian Church of Brooklyn, Inc. (Appellate Division of the Supreme Court of New York 2004)
- de Lacy v. Catamount Development Corp. (Appellate Division of the Supreme Court of New York 2003)
- Bennett v. City of New York (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
To establish that a plaintiff assumed the risk of engaging in an activity, a defendant must show that the plaintiff was aware of the defective or dangerous condition and the resultant risk (see Morgan v State of New York, 90 NY2d 471; Taylor v Massapequa Intl. Little League, 261 AD2d 396; Lamey v Foley, 188 AD2d 157). While the doctrine has been applied to children under certain circumstances (see e.g. Auwarter v Malveme Union Free School Dist., 274 AD2d 528), there are certain risks that a child cannot reasonably be expected to perceive (see Roberts v New York City Hous. Auth., 257 AD2d 550). Here, the defendants failed to present proof that the infant plaintiff fully appreciated the risks involved in playing on the swing set. Therefore, the defendants’ claim that the jury should have been instructed on assumption of risk are without merit.
However, the jury award of $375,000 for past pain and suffering deviates materially from what would be reasonable compensation and was excessive to the extent indicated herein (see CPLR 5501 [c]; Giladov v Kurzweil, 220 AD2d 481; Ashton v Bobruitsky, 214 AD2d 630; Rivera v State of New York, 205 AD2d 602). Altman, J.P., Goldstein, H. Miller and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.