Charles v. Uniondale School District Board of Education
Cases that cite this one
4 later published cases cite this decision.
- Greiber v. National Coll. Athletic Assn. (Appellate Division of the Supreme Court of New York 2025)
- Blumstein v. Half Hollow Hills Central School District (Appellate Division of the Supreme Court of New York 2012)
- Blumstein v. Half Hollow Hills Central School District (Appellate Division of the Supreme Court of New York 2012)
- Mazze v. Manhattanville Coll. (Appellate Division of the Supreme Court of New York 2024)
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
By 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 (see Morgan v State of New York, 90 NY2d 471, 484-486 [1997]; Turcotte v Fell, 68 NY2d 432, 439 [1986]; Maddox v City of New York, 66 NY2d 270, 277-278 [1985]). Participants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent, or reasonably foreseeable consequences of participation, but not to unassumed, concealed, or unreasonably increased risks (see Benitez v New York City Bd. of Educ., 73 NY2d 650, 658 [1989]; Turcotte v Fell, 68 NY2d at 439; Weller v Colleges of the Senecas, 217 AD2d 280, 283 [1995]).
Here, the defendant failed to satisfy its prima facie burden of establishing its entitlement to judgment as a matter of law (see Schmidt v Massapequa High School, 83 AD3d 1039 [2011]; Hubbard v East Meadow Union Free School Dist., 277 AD2d 353 [2000]). Although being struck with a passed ball is a known risk inherent in the sport of lacrosse (see Godwin v Russi, 62
Case-law data current through December 31, 2025. Source: CourtListener bulk data.