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CARO v. ZOGSPORTS, LLC

Index No. 452136/17. Appeal No. 14501. Case No. 2020-04670.

198 A.D.3d 562 (2021)

152 N.Y.S.3d 898

2021 NY Slip Op 05811

Gaspar Caro et al., Appellants, v. ZogSports, LLC, et al., Respondents, et al., Defendant.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Grant Richman PLLC, Stony Point ( Howard S. Richman of counsel), for appellants.

Barry McTiernan & Moore LLC, New York ( David H. Schultz of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

Plaintiff Caro was injured while participating in an adult basketball league game organized by ZogSports in the gymnasium of the Asher Levy School. Caro alleges that as a result of defendants' negligence he crashed into an unpadded wall during the game and sustained injuries.

Defendants made a prima facie showing of entitlement to summary judgment based on the doctrine of primary assumption of risk. Defendants demonstrated that the risk of colliding with the wall...

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