Bukowski v. Clarkson University

Peters, J.P (dissenting).

Because we do not agree that there was “no rational process by which the [jury] could base a finding in favor of [plaintiff]” (Miller v Moore, 68 AD3d 1325, 1327 [2009] [internal quotation marks and citation omitted]; see Abselet v Satra Realty, LLC, 85 AD3d 1406, 1408 [2011]), we respectfully dissent.

Although athletes participating in interscholastic sports are deemed to have assumed the commonly appreciated risks that are inherent in and arise out of the nature of the sport generally, the athlete’s “assumption of those risks is not an absolute defense but a measure…