THORNTON, DEBORAH A. v. RICKNER, ERIC

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered April 6, 2011 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Deborah A. Thornton (plaintiff) on a ski trail when she was struck from behind by defendant, a snowboarder. We agree with…