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Decided on June 9, 2010
Supreme Court, New York County

102014/05
For plaintiff: Ephrem J. Wertenteil, Esq. Queller, Fisher, et al, LLP 233 Broadway, 18th Floor New York, NY 10279 212-406-1700 For New York Triathlon: Raymond M. D'Erasmo, Esq. Savona, D'Erasmo & Hyer LLC 111 Broadway - 12th Floor New York, NY 10006 212-267-3320 For defendant City: Lynn M. Leopold, Esq. Michael A. Cardozo Corporation Counsel 100 Church Street New York, NY 10007 212-788-7295 For defendant Brenner: Leonard Toker, Esq. Hoey, King, Perez, et al. 55 Water Street, 29th Floor New York, NY 10041 212-612-4200 Barbara Jaffe, J.
The issue addressed here is whether, as a matter of law, a recreational bicyclist, aware that a running and bicycling biathlon is being held somewhere in Central Park, assumes the risk of colliding with a bicycling biathlon participant on a Park lane designated for joint use by both participants and non-participants, and thereby negates the municipal duty to exercise reasonable care against foreseeable dangers and provide an adequate degree of general supervision. Seeking resolution of the issue in their favor, defendants move for an order granting them summary dismissal of the complaint. Defendants City of New York and The New York City of Department of Parks and Recreation (Parks) (collectively, City), in the alternative, move for an order granting them summary judgment on their claim for indemnity against defendants New York Triathlon Club and New York Triathlon Club, Inc. (collectively, New York Triathlon).
I. UNDISPUTED FACTUAL BACKGROUND
On March 28, 2004, plaintiff was injured in Central Park (Park) when defendant Brenner, a bicyclist participating in a biathlon organized by New York Triathlon, collided with him on a Park lane designated by City for joint use by participants and non-participants.
New York Triathlon is a not-for-profit corporation, engaged in the business of organizing multi-sport events. (Affirmation of Lynn M. Leopold, Esq., dated Nov. 30, 2009 [Leopold Aff.], Exh. I at 7, 9). As of March 28, 2004, it had organized the March Madness Biathlon (Biathlon) in Park for 18 consecutive years. (Id. at 10).
As a general policy, City, as owner and operator of the Park, keeps it open to everyone, even when an event like the Biathlon is scheduled. (Id., Exhs. M at 34-35, C

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