Guzman v. Iceland

In an action to recover damages for personal injuries, etc., the defendant Iceland appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (LaMarca, J.), dated July 1, 2004, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

*705The sole contention raised by the appellant on this appeal is whether the action should have been dismissed against it “pursuant to the doctrine of plaintiffs assumption of the risk.”

Application of…