Legal Opinion

Duncan v. Kelly

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

Decided April 23, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Mercure, J.

Appeal from an order of the Supreme Court (Canfield, J.), entered March 3, 1997 in Rensselaer County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover for injuries he sustained when he and defendant collided while both of them were skiing at Bromley Mountain, a ski area in Manchester, Vermont. Following joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint upon the ground that her conduct was not reckless or intentional as a matter of law. Supreme Court denied the motion…

2Cases cited7 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Morgan v. StateNew York Court of Appeals · 1997
  3. Fabris v. Town of ThompsonAppellate Division of the Supreme Court of the State of New York · 1993
  4. Kaufman v. Hunter Mountain Ski Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Dicruttalo v. Blaise Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Clauss v. BushAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kemper v. ArnowAppellate Division of the Supreme Court of the State of New York · 2005
  3. Cruz v. Gloss, Pennsylvania Court of Common Pleas, Carbon County2002
  4. Pelkey v. VigerAppellate Division of the Supreme Court of the State of New York · 2001
  5. Paul Z. Pochron and Deborah Pochron v. Lawrence S. Oleksy, Texas Court of Appeals, 14th District (Houston)2014

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