Church v. Ski Windham Operating Corp.

Appellate Division of the Supreme Court of New York

Church v. Ski Windham Operating Corp.

275 A.D.2d 296, 712 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 8563

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 7, 2000

StatusPublished

This text of 275 A.D.2d 296 (Church v. Ski Windham Operating Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church v. Ski Windham Operating Corp., 275 A.D.2d 296, 712 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 8563 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 10, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was injured when she fell while taking a ski lesson at the defendants’ ski resort. She failed to raise a triable issue of fact in opposition to the defendants’ prima facie showing that neither their instruction nor their assessment of her abilities was the proximate cause of her fall. There was no evidence that her fall was the result of anything other than a risk inherent in the nature of her activity (see, Morgan v State of New York, 90 NY2d 471). Therefore, the defendants’ motion for summary judgment was properly granted. O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 10, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was injured when she fell while taking a ski lesson at the defendants’ ski resort. She failed to raise a triable issue of fact in opposition to the defendants’ prima facie showing that neither their instruction nor their assessment of her abilities was the proximate cause of her fall. There was no evidence that her fall was the result of anything other than a risk inherent in the nature of her activity (see, Morgan v State of New York, 90 NY2d 471). Therefore, the defendants’ motion for summary judgment was properly granted. O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

275 A.D.2d 296, 712 N.Y.S.2d 404, 2000 N.Y. App. Div. LEXIS 8563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-ski-windham-operating-corp-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack