FILIPPAZZO v. KORMOSKI

2009-08567, 2009-08570.

75 A.D.3d 618 (2010)

905 N.Y.S.2d 276

MICHAEL FILIPPAZZO, Respondent, v. ROBERT KORMOSKI, Appellant.

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

Decided July 27, 2010.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, made on the ground that the action is barred by the doctrine of primary assumption of risk. Under the doctrine of primary assumption of risk, a voluntary participant in a sporting event assumes the known risks commonly associated with that sport (see Morgan v State of New York...

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