Youmans v. Maple Ski Ridge, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Platkin, J.), entered July 18, 2007 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff James C. Youmans (hereinafter plaintiff) and his wife, derivatively, commenced this negligence action after plaintiff was injured at defendant’s snow tube park in Schenectady County. The snow tube area consists of three lanes each separated by a snowbank (or berm); there are spaces or cut-outs in the berms to allow tubers to walk between the lanes to the lift. Plaintiff alleged that he and his young daughter…
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