SEAN MORGAN ET AL., APPELLANTS, v. STATE OF NEW YORK, RESPONDENT.
ROBERT BECK ET AL., APPELLANTS, v. LENNY SCIMECA D/B/A HWRANG-DO CENTER -
LONG ISLAND HWA RANG DO KARATE ACADEMY, RESPONDENT.
SHELDON SIEGEL, ET AL., APPELLANTS, v. CITY OF NEW YORK, ET AL., RESPONDENTS.
ALISON CHIMERINE, APPELLANT, v. WORLD CHAMPION JOHN CHUNG TAE KWON DO
INSTITUTE, ET AL., RESPONDENTS.
90 N.Y.2d 471, 685 N.E.2d 202, 662 N.Y.S.2d 421 (1997).
July 2, 1997
3 No. 98 (1997 NY Int. 138)
2 No. 99
2 No. 100
1 No. 101
Decided July 2, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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No. 98:
Joseph R. Brennan, for appellants.
Frank K. Walsh, for respondent.
No. 99:
Gregory V. Bitterman, for appellants.
Sarah A. Jarosak, for respondent.
No. 100:
Fred R. Profeta, Jr., for appellants.
Steven F. Goldstein, for respondents
No. 101:
Arnold E. DiJoseph, III, for appellant.
Sarah A. Jarosak, for respondents.
BELLACOSA, J.:
The common question, with factual and legally nuanced variations among
the four cases, centers on the duty of care owed by an owner or
operator of an athletic facility to participants who are injured on
premises while engaged in voluntary sports activities. Each case is
SNIPPETS:
STATE OF NEW YORK, RESPONDENT.
ROBERT BECK ET AL., APPELLANTS, v. LENNY SCIMECA D/B/A HWRANG-DO CENTER -LONG ISLAND HWA RANG
The common question, with factual and legally nuanced variations among the four cases,
We agree with the Appellate Division that the defendants in the Morgan, Beck and Chimerine
On the other hand, we reverse the order in the Siegel case because a distinctive, separate
The reconstruction was overseen and approved by the Federatione Internationale de Bobsleigh
The Appellate Division modified on the law and facts and dismissed the claim (__ AD2d __,
This plaintiff was injured in 1992 while participating in a class at defendant's karate
Chimerine v World Champion John Chung Tae Kwon Do.
Siegel v City of New York
The court held that by electing to play tennis on a court inescapably known for a long time
Plaintiffs-appellants in these factually discrete cases argue that the Appellate Division
of Educ., 73 NY2d 650, 657; Akins v Glens Falls City School Dist., 53 NY2d 325, 329; see
Modern developments require a re-examination of the fit, continued viability and application
In a key precedential development after the enactment of CPLR 1411, Turcotte v Fell (68 NY2d
Plaintiffs' arguments that the assumption of risk doctrine should not bar their claims at the
A "showing some negligent act or inaction, referenced to the applicable duty of care owed to
Lastly, in Siegel v City of New York, the plaintiffs assert that the torn net separating the
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