Sports and Recreational

In Lungen v. Harbors Haverstraw Homeowners Assn., Inc., the New York Appellate Division, Second Department, addressed whether a plaintiff injured while playing in a basketball “pickup” game assumed the risk of his injuries. Plaintiff alleged to have fallen when he slipped on condensation on the floor of a gym. The defendants moved for summary judgment […]

Sixteen students at Monmouth University are taking a shot at righting an  historic wrong in sports history. In 2010 Detroit Tigers pitcher Armando Galarraga was denied a perfect game, because of an erroneous call by first base umpire Jim Joyce, when Galarraga was an out away from joining a very exclusive list. Major League Baseball’s […]

In Deegan v. St Patricks Church at West Neck, plaintiff, who at the time of the accident was a fifth-grade student attending defendant’s school, was injured when he fell while playing touch football in the parking lot during recess. Plaintiff alleged that defendant negligently failed to supervise plaintiff and was negligent in maintaining the subject […]

In Samuels v. Town Sports International LLC, plaintiff brought suit when he slipped and fell on the sideline of a basketball court on what he believed was dust coming from an above HVAC unit. Defendant moved for summary judgment on the theory of no notice and assumption of risk. The lower court granted summary judgment […]

The City of New York recently had a significant summary judgment motion victory reversed on appeal in the Second Department in Tyberg v City of New York. An 8-year-old infant plaintiff was walking with his mother on his way to board his school bus when he darted away from her and ran into the side of […]

In MF v. Jericho Union Free School District, a high school junior varsity football player sued his school after he was injured during practice.  The infant-plaintiff, not feeling well that day, decided not to participate in practice but chose, rather, to stand along the sideline and observe the plays.  During a drill involving a blocking […]