Hyperlawhypertext legal databasebeta Marcano v. City of New York 99 N.Y.2d 548

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Marcano v. City of New York

99 N.Y.2d 548 Court N.Y. Decision date 2002-12-17 English

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p. 548
[784 NE2d 73, 754 NYS2d 200]
Carlos Marcano, Respondent, v City of New York et al., Appellants.
Decided December 17, 2002
p. 549
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City (Cheryl Payer of counsel), for appellants.
Oshman, Helfenstein, Bernstein, Mirisola & Schwartz, LLP, New York City (David L. Kremen of counsel), for respondent.

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.

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