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CHITTICK v. USA CYCLING INC.

54 A.D.3d 625 (2008)

863 N.Y.S.2d 679

ALEJANDRO CHITTICK et al., Appellants, et al., Plaintiffs, v. USA CYCLING, INC., Doing Business as U.S.C.F., N.O.R.B.A. and U.S. PRO, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 23, 2008.

The record establishes that USA Cycling merely sanctioned, i.e., lent its name to, the bicycle race during which plaintiff spectators were struck by the three-wheel scooter operating as the rear pace vehicle. Since it had no control over the race, USA Cycling had no duty to prevent any negligence involved therein (see e.g. Mauro v City of Yonkers, 282 A.D.2d 720 [2001]). The fact that USA Cycling provided its rule book to defendant...

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