Megna v. Newsday, Inc.

Full title: PHILIP W. MEGNA et al., Appellants, v. NEWSDAY, INC., Respondent

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

Date published: Dec 22, 1997

245 A.D.2d 494 (N.Y. App. Div. 1997)

666 N.Y.S.2d 718

Opinion

December 22, 1997

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

The defendant merely sponsored the race in which the injured plaintiff participated. The defendant was not in any way involved in the design, layout, maintenance, or control of the race course, and was not in a position to assume such control. Accordingly, the defendant owed no duty of care to the plaintiffs ( see, Mongello v. Davos Ski Resort, 224 A.D.2d 502; Johnson v. Cherry Grove Is. Mgt., 175 A.D.2d 827; McGrath v. United Hosp., 167 A.D.2d 518; Vogel v. West Mtn. Corp., 97 A.D.2d 46).

We reject the plaintiffs' contention that summary judgment is premature because more discovery is needed ( see, Abbenanate v. Tyree Co., 228 A.D.2d 529, 530).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.