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Resnick v. Gribetz

487 N.E.2d 908, 66 N.Y.2d 729, 496 N.Y.S.2d 998, 1985 N.Y. LEXIS 17283
CourtNew York Court of Appeals
DecidedOctober 22, 1985
StatusPublished
Cited by1 cases

This text of 487 N.E.2d 908 (Resnick v. Gribetz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Resnick v. Gribetz, 487 N.E.2d 908, 66 N.Y.2d 729, 496 N.Y.S.2d 998, 1985 N.Y. LEXIS 17283 (N.Y. 1985).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and a new trial granted. There is no evidence in this record to support a finding of express, as opposed to implied, assumption of risk (compare, Arbegast v Board of Educ., 65 NY2d 161). The trial court erred in charging the jury, over plaintiff’s objection, that a finding of assumption of risk would bar recovery.

[731]*731Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Titone. Taking no part: Judge Alexander.

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Cite This Page — Counsel Stack

Bluebook (online)
487 N.E.2d 908, 66 N.Y.2d 729, 496 N.Y.S.2d 998, 1985 N.Y. LEXIS 17283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/resnick-v-gribetz-ny-1985.