Opinion
August 12, 1996
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Hutcherson, J.), entered July 25, 1995, which, upon granting the defendants' motion for summary judgment dismissing the complaint, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
It is well-settled that "`those who voluntarily participate in a sporting activity "may be held to have consented, by their participation, to those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation"'" ( Ferraro v Town of Huntington, 202 A.D.2d 468, 469, quoting Pascucci v Town of Oyster Bay, 186 A.D.2d 725, 726; see also, Turcotte v Fell, 68 N.Y.2d 432). Those risks that are assumed by a voluntary participant "`include the risks involved with construction of the field'" ( Ferraro v Town of Huntington, supra, at 469, quoting Maddox v City of New York, 66 N.Y.2d 270, 277; see also, Pascucci v Town of Oyster Bay, supra).
Here, the plaintiff, Sheldon Siegel, alleges that he was injured when he tripped and fell as a result of a tear in a net which divided an indoor tennis court at the Paerdegat Racquet Club. Contact with the dividing net is a risk associated with the game of tennis. Moreover, the record demonstrates that Mr. Siegel had regularly played on this court and that he was specifically aware of the torn netting prior to his accident.
Accordingly, when Mr. Siegel voluntarily engaged in a game of tennis on the date of the accident, he assumed the risk of becoming injured through contact with the dividing net ( see, Viniar v Town of Oyster Bay, 197 A.D.2d 683; Petriano v Southgate at Bar Harbour Home Owners Assn., 226 A.D.2d 516; Reilly v Long Is. Jr. Soccer League, 216 A.D.2d 281; Weithofer v Unique Racquetball Health Clubs, 211 A.D.2d 783; cf., Radwaner v USTA Natl. Tennis Ctr., 189 A.D.2d 605). Miller, J.P., Ritter, Santucci and Altman, JJ., concur.