MARUCHEAU v. SUFFOLK COUNTY COMMUNITY COLLEGE (2005)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of Supreme Court, Suffolk County (Burke, J.), dated October 14, 2004, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.   The plaintiff, a student at Suffolk County Community College, was injured during his elective course, a “Stage Combat” acting class, when he slipped in the gymnasium while participating in an activity he referred to as a “suicide run.”   The defendants established, prima facie, that the plaintiff voluntarily participated in this activity and assumed the risks associated with it (see Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658, 543 N.Y.S.2d 29, 541 N.E.2d 29;  Turcotte v. Fell, 68 N.Y.2d 432, 439, 510 N.Y.S.2d 49, 502 N.E.2d 964;  see also Morlock v. Town of N. Hempstead, 12 A.D.3d 652, 785 N.Y.S.2d 123;  Kazlow v. City of New York, 253 A.D.2d 411, 676 N.Y.S.2d 229;  Schlein v. White Plains City School Dist., 292 A.D.2d 367, 738 N.Y.S.2d 597).   In opposition, the plaintiff failed to raise a triable issue of fact.

The theory of inherent compulsion does not apply under the circumstances of this case (see Benitez v. Board of Educ., supra;  see also Verduce v. Board of Higher Educ., 9 A.D.2d 214, 219, 192 N.Y.S.2d 913 [dissenting opn.], revd. on dissenting opn. 8 N.Y.2d 928, 204 N.Y.S.2d 168, 168 N.E.2d 838;  Weber v. William Floyd School Dist., 272 A.D.2d 396, 707 N.Y.S.2d 231).

The plaintiff's remaining contentions are without merit.