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COTTY v. TOWN OF SOUTHAMPTON

64 A.D.3d 251 (2009)

880 N.Y.S.2d 656

KAREN COTTY, Respondent, v. TOWN OF SOUTHAMPTON et al., Appellants-Respondents, SUFFOLK COUNTY WATER AUTHORITY, Appellant-Respondent/Fourth-Party Plaintiff-Respondent, and ELMORE ASSOCIATES CONSTRUCTION CORP., Defendant/Third-Party Plaintiff, et al., Defendant. PETER DEUTCH, Third-Party Defendant/Fourth-Party Defendant-Appellant, et al., Fourth-Party Defendant.

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

May 19, 2009.

Attorney(s) appearing for the Case

Thomas C. Sledjeski, PLLC (Anita Nissan Yehuda, P.C., Roslyn Heights, of counsel), for Town of Southampton, defendant-appellant-respondent.

Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola (Norman H. Dachs and Jonathan A. Dachs of counsel), for Suffolk County Water Authority, defendant-appellant-respondent/fourth-party plaintiff-respondent and CAC Contracting Corp., defendant-appellant-respondent (one brief filed).

Loccisano & Larkin, Hauppauge (Robert X. Larkin of counsel), for Peter Deutch, third-party defendant/fourth-party defendant-appellant.

Rosenberg & Gluck, LLP, Holtsville (Andrew Bokar of counsel), for plaintiff-respondent.

DILLON, SANTUCCI and BALKIN, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

When a person voluntarily participates in certain sporting events or athletic activities, an action to recover damages for injuries resulting from conduct or conditions that are inherent in the sport or activity is barred by the doctrine of primary assumption of risk. In this case, where the plaintiff was injured while riding a bicycle on a paved public roadway, we confront the threshold question of whether the plaintiff...

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