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Viniar v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 683 (N.Y. App. Div. 1993)

Opinion

October 25, 1993

Appeal from the Supreme Court, Nassau County (Kohn, J.).


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

While it is generally true that negligence cases are rarely subject to summary judgment treatment (see, Andre v. Pomeroy, 35 N.Y.2d 361), we find that the plaintiff Nava Viniar assumed the risk of becoming injured through contact with the tennis net when she voluntarily engaged in a game of tennis upon the defendant's recreational premises. Moreover, it cannot reasonably be inferred that the defendant breached any duty to her (see, Robinson v Town of Babylon, 166 A.D.2d 434; Gallagher v. Town of N. Hempstead, 144 A.D.2d 637). The plaintiffs did not raise any triable issues of fact. Thus, the defendant's motion for summary judgment is granted. Thompson, J.P., Miller, Lawrence and Copertino, JJ., concur.


Summaries of

Viniar v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 683 (N.Y. App. Div. 1993)
Case details for

Viniar v. Town of Oyster Bay

Case Details

Full title:NAVA VINIAR et al., Respondents, v. TOWN OF OYSTER BAY, Appellant

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

Date published: Oct 25, 1993

Citations

197 A.D.2d 683 (N.Y. App. Div. 1993)
603 N.Y.S.2d 18

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