New York, NY
Associate Lora H. Gleicher obtained a directed verdict in a jury trial in a New York County Civil Court matter. In Newmark v. New York Urban Athletic League, plaintiff, an experienced volleyball player, was participating in a volleyball scrimmage on an allegedly sub-par volleyball court. Prior to his participation, plaintiff did not execute a waiver or release because the scrimmage was conducted pre-season. During the game, plaintiff was injured and he commenced suit as a result.
At trial, plaintiff testified that his injury occurred because the court was not regulation size and had poor lighting. He also claimed that the use of stanchions to secure the volleyball net was improper and caused the net to sag. During an aggressive volleyball scrimmage, plaintiff jumped up to block the ball. When he did so, the opposing front-center player jumped as well, got caught in the net, and fell forward onto the plaintiff, causing the plaintiff to injure his left ankle/foot on the metal stanchion.
At trial, through our cross-examination, we were able to attack the plaintiff’s credibility and prove that, contrary to his representations, he was aware of the dangers in playing volleyball and yet decided to play all the same. The trial court agreed and, before the jury got the case, granted a directed verdict in favor of our client, the New York Urban Professional Athletic League.