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LIVSHITZ v. US TENNIS ASSN.

196 Misc.2d 460 (2003)

761 N.Y.S.2d 825

MILA LIVSHITZ et al., Plaintiffs, v. UNITED STATES TENNIS ASSOCIATION NATIONAL TENNIS CENTER, Defendant.

Civil Court, Queens County.

June 13, 2003.

Attorney(s) appearing for the Case

Smetana, Schwartz & McKeown, Melville (Arthur Simuro of counsel), for defendant.

Helen F. Dalton & Associates, P.C., Forest Hills (Brian Frankel of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The issue tested in this case is the extent to which the assumption of risk doctrine will insulate a defendant from liability where a plaintiff has paid for and is enrolled for instruction in a particular sport. Significantly, this case involves the doctrine of "secondary assumption of risk"—a doctrine that has never been discussed by name or analyzed in any reported...

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