Fenty v. Seven Meadows Farms, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Orange County (Bartlett, J.), dated April 16, 2012, as granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff assumed the risk of falling off a horse while riding. Under the doctrine of primary assumption of the risk, by engaging in a sport or recreational…
2Cases cited24 opinions
- Morgan v. StateNew York Court of Appeals · 1997
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- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Cassano v. HagstromNew York Court of Appeals · 1959
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