Marcano v. City of New York
Cases that cite this one
11 later published cases cite this decision.
- Schnetz v. Ohio Department of Rehabilitation & Correction (Ohio Ct. App. 2011)
- Zelkowitz v. Country Group, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Layden v. Plante (Appellate Division of the Supreme Court of New York 2012)
- Layden v. Plante (Appellate Division of the Supreme Court of New York 2012)
- SIMONE PRYCE and DAVID PRYCE v. TOWN SPORTS INTERNATIONAL LLC, d/b/a New York Sports Club (District Court, S.D. New York 2021)
- DiBenedetto v. Town Sports International, LLC (Appellate Division of the Supreme Court of New York 2014)
- DiBenedetto v. Town Sports International, LLC (Appellate Division of the Supreme Court of New York 2014)
- Rosenblatt v. St. George Health & Racquetball Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Rosenblatt v. St. George Health & Racquetball Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Joseph v. New York Racing Ass'n (Appellate Division of the Supreme Court of New York 2006)
- Chaikin v. Long Island City YMCA (Appellate Division of the Supreme Court of New York 2006)
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
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-law data current through December 31, 2025. Source: CourtListener bulk data.