Gern v. Basta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered October 6, 2004 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.
Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when defendant collided with her *808while they were skiing. Supreme Court erred in denying defendant’s motion for summary…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Morgan v. StateNew York Court of Appeals · 1997
- Zielinski v. FaraceAppellate Division of the Supreme Court of the State of New York · 2002
- Kaufman v. Hunter Mountain Ski Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Atwell. v. StateAppellate Division of the Supreme Court of the State of New York · 1996
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