Alessi v. Boy Scouts of America Greater Niagara Frontier Council, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendants contend that Supreme Court erred in denying their motion for summary judgment dismissing the complaint based on primary assumption of risk. They assert that plaintiffs 11-year-old son assumed the risk of injury when he went sledding on a slope where there were rocks and trees. We disagree. “Generally, whether the plaintiff assumed a risk by participating in a sport is a question for the jury; dismissal of the complaint is appropriate only when the proof before…
2Cases cited7 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Davis v. SheltonAppellate Division of the Supreme Court of the State of New York · 1969
- Young v. Boy Scouts of AmericaCalifornia Court of Appeal · 1935
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3Cited by12 opinions
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- Pitkewicz v. Boy Scouts of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Utkin v. RademacherAppellate Division of the Supreme Court of the State of New York · 1999
- Entler v. KochAppellate Division of the Supreme Court of the State of New York · 2011
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