Legal Opinion

Jin Chung v. Lehmann

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

Decided November 22, 2016No. 2257 151744/13Published

1Opinion of the Court

Order, Supreme Court, New York County (Robert D. Kalish, J.), entered on or about August 21, 2015, which granted so much of defendants’ motion as sought summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established entitlement to judgment as a matter of law based on the doctrine of primary assumption of the risk. Defendants submitted evidence showing that plaintiff, an experienced watersports instructor, was injured when, while tubing behind defendants’ boat on a 60-foot towrope and simultaneously filming a skilled wakeboarder pulled by the same boat…

2Cases cited3 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  3. Ticha v. OTB JeansAppellate Division of the Supreme Court of the State of New York · 2007

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