Legal Opinion
Whitman v. Zeidman
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2005PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 9, 2004, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff Harrison Whitman was injured in a collision with defendant Michael Zeidman while snowboarding. By “engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484…
2Cases cited4 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Boltax v. Joy Day CampNew York Court of Appeals · 1986
- Fintzi v. New Jersey YMHA-YWHA CampsNew York Court of Appeals · 2001
- Kaufman v. Hunter Mountain Ski Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Bedder v. Windham Mountain Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Clarke v. Catamount Ski AreaAppellate Division of the Supreme Court of the State of New York · 2011
- Farone v. Hunter Mountain Ski Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 2008