Penny v. County of Suffolk
In a personal injury action, plaintiff Harry Penny, a track coach, tripped and fell over starting blocks during a track meet. Defendants New York State Public High School Athletic Association, Inc., and Section XI moved for summary judgment, arguing they neither controlled the premises nor created the dangerous condition, and that plaintiff assumed the risk. The Supreme Court denied their motion. The Appellate Division affirmed, finding that evidence raised triable issues of fact regarding the defendants' responsibility for the equipment and the creation of the hazardous condition. Furthermore, the Appellate Division concluded that the defendants failed to establish a prima facie case that the plaintiff assumed the risk or that the starting blocks constituted an open and obvious, non-inherently dangerous condition.