CIOCCHI v. MERCY COLLEGE


289 A.D.2d 362 (2001)

735 N.Y.S.2d 144

LOUIS D. CIOCCHI et al., Appellants, v. MERCY COLLEGE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 17, 2001.


Ordered that the order is affirmed, with costs.

The plaintiff Louis D. Ciocchi allegedly was injured while playing football in an indoor gym at the defendant Mercy College when he collided with a badminton pole stored in the corner of the gym. A voluntary participant in a sport assumes the risks that are inherent in the sport, including those associated with any open and obvious defect or obstacle in the place where the sport is played (see, Morgan v State of New...

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