Annonio v. Balzano

— Order insofar as appealed from unanimously reversed on the law with costs and appellant’s motion granted. Memorandum: Plaintiff, a professional jockey, sued Balzano, a fellow jockey, and Morrell, the owner of the horse ridden by Balzano, to recover for injuries suffered by plaintiff in a horse race. The accident occurred when defendant’s horse clipped the hooves of the horse in front of it, causing defendant to fall from his horse into the path of plaintiff’s horse. Plaintiff’s horse tripped over *944Balzano and fell, throwing plaintiff to the ground and injuring him. In his first cause of…