Avram Wisnia v. New York University

Docket No. 114439/2005 (2008)

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Avram Wisnia v. New York University

New York Supreme Court
Docket No. 114439/2005 (2008)

Facts

Avram Wisnia (plaintiff) was a student at New York University (NYU) (defendant) and a member of a student-run organization that planned and organized a beach-themed event on NYU’s premises. The event’s activities included Jell-O wrestling in a kiddie pool placed on a concrete surface of NYU’s courtyard. Wisnia had suggested placing gym mats underneath the pool as a precaution, but that was not done. Wisnia was pushed into the kiddie pool by two other students. After getting out of the kiddie pool, Wisnia removed a cell phone and wallet from Wisnia’s pocket and voluntarily began wrestling or horseplaying with the other students near the kiddie pool. Another student then pushed Wisnia back into the kiddie pool. Wisnia sustained a hip injury due to the second fall into the kiddie pool. Wisnia sued NYU for negligence, seeking to recover damages for the injury. NYU motioned the court to dismiss the action.

Rule of Law

Issue

Holding and Reasoning (Edmead, J.)

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