Morlock v. Town of North Hempstead
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated May 3, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
“[B]y engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484 [1997]). This encompasses risks associated with the construction of the playing surface (see Maddox v City of New York, 66 NY2d 270, 277 [1985]; Peters v City of New York, 269 AD2d 581 [2000]).
There is no merit to the argument that the infant plaintiffs age raised an issue of fact as to whether he was able to appreciate the risks of playing roller hockey on a defective and dangerous skating surface. The infant plaintiffs testimony at a hearing pursuant to General Municipal Law § 50-h indicated that he was an experienced rollerblader and street hockey player who was very familiar with the rink conditions at issue. Under these circumstances, it could not be said that the infant plaintiff failed to appreciate the risk presented by the cracked surface of the rink (see Goldberg v Town of Hempstead, 289 AD2d 198 [2001]; Lamphier v Rome City School Dist., 284 AD2d 989, 990 [2001]; Peters v City of New York, supra; Hernandez v City of New York, supra; Matter of Moore v State of New York, supra). Smith, J.P., Crane, Mastro and Skelos, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.