Wendt v. Jacus

—Order unanimously modified *890on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendants’ motion seeking dismissal of the negligence claim, and thus we modify the order by granting defendants’ motion in its entirety and dismissing the complaint. Plaintiff, an experienced horsewoman, was injured when the horse on which she was riding fell backward onto her. Plaintiff testified at her deposition that the accident occurred in one of two ways: either the horse reared up due to the presence of nearby foals or…