Sedita v. City of New York, 8 A.D.3d 256 (N.Y. App. Div. 2004). · Go Syfert
Sedita v. City of New York, 8 A.D.3d 256 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Raldiris v. Enlarged City Sch. Dist. of Middletown
N.Y. App. Div. · 2020 · confidence medium
"A participant consents to the risk of those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation'" ( Bryant v Town of Brookhaven , 135 AD3d at 802 , quoting Sedita v City of New York , 8 AD3d 256, 257 [internal quotation marks omitted]).
discussed Cited as authority (rule) Bryant v. Town of Brookhaven
N.Y. App. Div. · 2016 · confidence medium
“A participant consents to the risk of ‘those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation’ ” (Sedita v City of New York, 8 AD3d 256, 257 [2004], quoting Turcotte v Fell, 68 NY2d 432, 439 [1986]; see Lombardo v Cedar Brook Golf & Tennis Club, Inc., 39 AD3d 818 [2007]; Barbato v Hollow Hills Country Club, 14 AD3d 522 [2005]).
discussed Cited as authority (rule) Minho Hahn v. Town of West Haverstraw, NY
2d Cir. · 2014 · confidence medium
A voluntary participant in a sporting or entertainment pursuit “consents to the risk of ‘those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation.’” Sedita v. City of New York, 8 A.D.3d 256 , 777 N.Y.S.2d 327, 327 (2004) (quoting Turcotte v. Fell, 68 N.Y.2d 432, 439 , 510 N.Y.S.2d 49 , 502 N.E.2d 964 *77 (1986)). “[T]he inquiry into whether an individual has assumed the risks inherent in a sport or recreational activity ‘includes consideration of the participant’s knowledge and experience in the activity generally.’” Go…
discussed Cited as authority (rule) Rivera v. Glen Oaks Village Owners, Inc.
N.Y. App. Div. · 2007 · confidence medium
Applying these principles to the matter at hand, the defendant established that the plaintiff was an experienced bicyclist as evidenced by the fact that he rode his bicycle two or three times a week, carried a “patch kit” in case he suffered a flat tire, and sometimes rode the bicycle far from his home. “[T]he risk of striking a hole and falling is an inherent risk in riding a bicycle on most outdoor surfaces” (Goldberg v Town of Hempstead, 289 AD2d 198 [2001]), and the plaintiff assumed that risk when he rode his bicycle on a dirt trail (see Sedita v City of New York, 8 AD3d 256, 257 …
discussed Cited as authority (rule) Lombardo v. Cedar Brook Golf & Tennis Club, Inc.
N.Y. App. Div. · 2007 · confidence medium
“A participant consents to the risk of ‘those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation’ ” (Sedita v City of New York, 8 AD3d 256, 257 [2004], quoting Turcotte v Fell, 68 NY2d 432, 439 [1986]).
discussed Cited as authority (rule) Barbato v. Hollow Hills Country Club
N.Y. App. Div. · 2005 · confidence medium
“A participant consents to the risk of ‘those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation’ ” (Sedita v City of New York, 8 AD3d 256, 257 [2004], quoting Turcotte v Fell, 68 NY2d 432, 439 [1986]).
Retrieving the full opinion text from the archive…
Salvatore M. Sedita
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Jun 1, 2004.
8 A.D.3d 256
Cited by 8 opinions  |  Published

[*257] In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated May 23, 2003, as granted that branch of the defendant’s cross motion which was for summary judgment dismissing the complaint and, in effect, denied that branch of their motion which was to compel the defendant to produce another witness for deposition.

Ordered that the order is affirmed insofar as appealed from, with costs.

On March 30, 1998, the injured plaintiff (hereinafter the plaintiff), then 16 years old, struck a rock while riding a motorized dirt bike in a grassy area of the “Four Diamonds” ballfield located at Drier-Offerman Park in Brooklyn (hereinafter the Park). The plaintiff previously rode the dirt bike in the same ballfield at the Park. One of the plaintiffs witnesses asserted in an affidavit that he saw the subject rock, which was used to secure a soccer goal, on a “number of occasions” in the ballfield since October 1997. The plaintiffs witness also estimated the plaintiffs speed at the time of the accident to be 35 miles per hour. The plaintiff was not wearing any protective gear.

The plaintiffs commenced this action against the defendant, which owned and maintained the Park. The Supreme Court granted the defendant’s motion for summary judgment dismissing the complaint, on the ground that the plaintiff assumed the risk of hitting a rock in the open field. We affirm.

“[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]; Calise v City of New York, 239 AD2d 378 [1997]). A participant consents to the risk of “those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation” (Turcotte v Fell, 68 NY2d 432, 439 [1986]). “It is not necessary to the application of assumption of risk that the injured plaintiff have foreseen the exact manner in which his or her injury occurred, so long as he or she is aware of the potential for injury of the mechanism from which the injury results” (Maddox v City of New York, 66[*258] NY2d 270, 278 [1985]; Schiavone v Brinewood Rod & Gun Club, 283 AD2d 234, 236 [2001]).

In this case, the defendant made a prima facie showing of entitlement to judgment as a matter of law (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Schiavone v Brinewood Rod & Gun Club, supra; Boen v Ski Plattekill, 282 AD2d 563 [2001]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.

In light of our determination, we do not address the plaintiffs’ remaining contentions. Smith, J.P., H. Miller, S. Miller and Luciano, JJ., concur.