Osorio v. Deer Run Associates 1985

Appellate Division of the Supreme Court of New York

Osorio v. Deer Run Associates 1985

231 A.D.2d 504, 647 N.Y.S.2d 93, 1996 N.Y. App. Div. LEXIS 8840

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

DecidedSeptember 9, 1996

StatusPublished

Cited by3 cases

This text of 231 A.D.2d 504 (Osorio v. Deer Run Associates 1985) 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

Osorio v. Deer Run Associates 1985, 231 A.D.2d 504, 647 N.Y.S.2d 93, 1996 N.Y. App. Div. LEXIS 8840 (N.Y. Ct. App. 1996).

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Opinion

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered August 2, 1995, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendants’ motion is granted, and the complaint is dismissed.

The plaintiff was seriously injured while skiing at the Deer Run Ski Area, a facility owned and operated by the defendants. The record demonstrates that the plaintiff assumed the risks inherent in downhill skiing by his voluntary participation in the sport (see, Colabro v Plattekill Mt. Ski Ctr., 197 AD2d 558; General Obligations Law § 18-101; see also, Ferraro v Town of Huntington, 202 AD2d 468). The expert’s conclusory affidavit submitted by the plaintiff in opposition to the defendants’ motion for summary judgment was insufficient to raise an issue of fact as to whether the defendants unreasonably increased the risks to which the plaintiff was exposed (cf, Sytner v State of New York, 223 AD2d 140). Consequently, the Supreme Court erred in denying the defendants’ motion. Miller, J. P., Pizzuto, Joy and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered August 2, 1995, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendants’ motion is granted, and the complaint is dismissed.

The plaintiff was seriously injured while skiing at the Deer Run Ski Area, a facility owned and operated by the defendants. The record demonstrates that the plaintiff assumed the risks inherent in downhill skiing by his voluntary participation in the sport (see, Colabro v Plattekill Mt. Ski Ctr., 197 AD2d 558; General Obligations Law § 18-101; see also, Ferraro v Town of Huntington, 202 AD2d 468). The expert’s conclusory affidavit submitted by the plaintiff in opposition to the defendants’ motion for summary judgment was insufficient to raise an issue of fact as to whether the defendants unreasonably increased the risks to which the plaintiff was exposed (cf, Sytner v State of New York, 223 AD2d 140). Consequently, the Supreme Court erred in denying the defendants’ motion. Miller, J. P., Pizzuto, Joy and McGinity, JJ., concur.

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Bluebook (online)

231 A.D.2d 504, 647 N.Y.S.2d 93, 1996 N.Y. App. Div. LEXIS 8840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osorio-v-deer-run-associates-1985-nyappdiv-1996.

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