MORGAN v. STATE


90 N.Y.2d 471 (1997)

685 N.E.2d 202

662 N.Y.S.2d 421

Sean Morgan et al., Appellants, v. State of New York, Respondent. Robert Beck et al., Appellants, v. Lenny Scimeca, Doing Business as Hwrang-Do Center — Long Island Hwa Rang Do Karate Academy, Respondent. Alison Chimerine, Appellant, v. World Champion John Chung Tae Kwon Do Institute et al., Respondents. Sheldon Siegel et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1997.


Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Meyer, L. L. P., Glens Falls (Joseph R. Brennan of counsel), for appellants in the first above-entitled action.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Barbara G. Billet and Peter H. Schiff of counsel), for respondent in the first above-entitled action.

Gregory V. Bitterman, New York City, for appellants in the second above-entitled action.

Chesney, Murphy & Moran, Baldwin (Sarah A. Jarosak and James K. O'Sullivan of counsel), for respondent in the second above-entitled action.

DiJoseph, Portegello & Schuster, New York City (Arnold E. DiJoseph, III, of counsel), and Cardali & Cardali, P. C., for appellant in the third above-entitled action.

Chesney, Murphy & Moran, Baldwin (Sarah A. Jarosak, James K. O'Sullivan and Thomas J. Dargan of counsel), for respondents in the third above-entitled action.

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., of counsel), and Babitch & Babitch for appellants in the fourth above-entitled action.

Feder, Connick & Goldstein, P. C., Mineola (Steven F. Goldstein and Morton H. Feder of counsel), for respondents in the fourth above-entitled action.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.


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 before us by leave to appeal granted to the respective plaintiffs by this Court. We agree with the Appellate Division that the...

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