LISOK v. CLUB EXIT INC

Reset A A Font size: Print

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

Agata LISOK, appellant, v. CLUB EXIT, INC., respondent.

Decided: February 28, 2005

HOWARD MILLER, J.P., STEPHEN G. CRANE, ROBERT A. SPOLZINO, and STEVEN W. FISHER, JJ. Kenneth L. Falk, New York, N.Y., for appellant. McCabe, Collins, McGeough & Fowler, LLP, Mineola, N.Y. (Patrick M. Murphy and George J. Carpenter of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 24, 2003, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff alleged that she slipped and fell on confetti which was dropped on the dance floor of the defendant's club as part of a New Year's Eve celebration.   The plaintiff was dancing on the dance floor for approximately 30 minutes before the accident occurred, and experienced a slippery sensation throughout most of that period of time.   Under the circumstances, the doctrine of assumption of risk mandates the granting of summary judgment dismissing the complaint (see Naghdi v. Torah Caterers, 308 A.D.2d 567, 765 N.Y.S.2d 518;   Bush v. Brentwood Veterans War Mem., 302 A.D.2d 546, 547, 755 N.Y.S.2d 99;   Meli v. Star Power Natl. Talent Co., 283 A.D.2d 617, 618, 725 N.Y.S.2d 92;   LaFond v. Star Time Dance & Performing Arts Ctr., 279 A.D.2d 509, 719 N.Y.S.2d 273;  Lo Piccolo v. Town of Oyster Bay, Dept. of Parks, 260 A.D.2d 606, 688 N.Y.S.2d 670).

Copied to clipboard