Summary
This Appellate Division decision reviews a lower court's grant of summary judgment in a personal injury action stemming from a youth ice hockey clinic accident. The court affirmed summary judgment in favor of an independent contractor operator, finding no basis for third-party tort liability under New York law. However, it reversed the summary judgment granted to the town and its employee-coach, holding that genuine issues of fact existed regarding whether an infant plaintiff could have appreciated the inherent risks of the sport to invoke the assumption of risk defense.
Topics
Practice areas
Questions Presented
- Whether HPP Rinx, Inc. is liable for the infant’s injuries and whether summary judgment was proper as a matter of law.
- Whether the Town of Oyster Bay and Robert Marlow are entitled to summary judgment based on the doctrine of assumption of risk.
Holdings
- Summary judgment dismissing the complaint against HPP Rinx, Inc. was proper because the plaintiffs were not parties to the contract between HPP and the Town and failed to raise a triable issue of fact that HPP launched a force or instrument of harm.
- The Town defendants were not entitled to summary judgment because there were genuine issues of fact as to whether the infant plaintiff appreciated and assumed the risks of the hockey clinic.
Key quotations
“The doctrine applies where a consenting participant in sporting and amusement activities 'is aware of the risks; has an appreciation of the nature of the risks; and voluntarily assumes the risks.'” (at 356)
Factual background
In May 2019, a four‑year‑old infant plaintiff was injured at a youth ice‑hockey clinic when coach Robert Marlow fell on the infant while skating backwards. The infant’s mother sued HPP Rinx, Inc., the Town of Oyster Bay, and Marlow for personal injuries. HPP operated the ice‑rink under a concession contract with the Town; Marlow was employed by the Town.
Procedural history
The Supreme Court, Nassau County entered an order on October 4, 2023 granting summary judgment dismissing the complaint against HPP Rinx, Inc. and also dismissing the complaint against the Town of Oyster Bay and Robert Marlow. The plaintiffs appealed the order.