Opinion
September 12, 1994
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is granted, the complaint is dismissed insofar as asserted against the defendants Town of Islip and Brentwood Country Club, and the action against the remaining defendant is severed.
While she was playing golf at the Brentwood Country Club, a golf course owned and operated by the Town of Islip (hereinafter collectively the Town), the plaintiff Victoria Lundin was injured by a golf ball that had been played from another tee. In the complaint, the plaintiffs alleged that the injury was the result of the Town's negligence in the design and maintenance of the golf course.
The plaintiffs have failed to establish that the Town breached the duty of care owed to its patrons by a reasonably prudent golf course owner or operator (see, McDonald v. Huntington Crescent Club, 152 A.D.2d 543). The record established that the injured plaintiff willingly assumed the risks consistent with participating in the sport of golf (see, e.g., Maddox v. City of New York, 66 N.Y.2d 270; Arbegast v. Board of Educ., 65 N.Y.2d 161; Radwaner v. USTA Natl. Tennis Ctr., 189 A.D.2d 605; Cuesta v Immaculate Conception R.C. Church, 168 A.D.2d 411; Hornstein v State of New York, 30 A.D.2d 1012). Bracken, J.P., O'Brien, Santucci and Joy, JJ., concur.