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CHARLES v. UNIONDALE SCHOOL DISTRICT BOARD OF EDUCATION

2011-07550

91 A.D.3d 805 (2012)

937 N.Y.S.2d 275

2012 NY Slip Op 479

STEVEN CHARLES, Respondent, v. UNIONDALE SCHOOL DISTRICT BOARD OF EDUCATION, Appellant.

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

Decided January 24, 2012.

Ordered that the order is affirmed, with costs.

By engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation (see Morgan v State of New York, 90 N.Y.2d 471, 484-486 [1997]; Turcotte v Fell, 68 N.Y.2d 432, 439 [1986]; Maddox v...

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