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PENNY v. COUNTY OF SUFFOLK

2019-01267. Index No. 618053/16.

191 A.D.3d 692 (2021)

140 N.Y.S.3d 607

2021 NY Slip Op 00572

Harry Penny, Respondent, v. County of Suffolk et al., Respondents, and New York State Public High School Athletic Association, Inc., et al., Appellants, et al., Defendants.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( I. Elie Herman of counsel), for appellants.

Siben & Siben LLP, Bay Shore, NY ( Alan G. Faber of counsel), for plaintiff-respondent.

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY ( Eric N. Bailey of counsel), for defendants-respondents.

Rivera, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, a track coach, allegedly tripped and fell over starting blocks during a winter track meet that was held on the grounds of the defendant Suffolk County Community College located in the defendant County of Suffolk (hereinafter together the Suffolk defendants). The event was organized by the defendants New York State Public...

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