Tindall v. Ellenberg

Order, Supreme Court, New York County (Louis York, J.), entered on or about May 5, 2000, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff asserts that she sustained personal injuries when, participating in a fox hunt, defendant’s horse kicked as plaintiff was attempting to pass it, causing plaintiff to fall from her horse. Plaintiff argues that she did not assume the enhanced risk of defendant’s recklessness. However, the offending horse was clearly marked for its propensities with a red tail ribbon in conformity…