From Casetext: Smarter Legal Research

Mongello v. Resort

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 502 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Supreme Court, Suffolk County (Cohalan, J.).


Ordered that the order is affirmed, with costs.

Since the defendant Detective's Endowment Association, Inc., was merely sponsoring the ski trip attended by the decedent and neither controlled nor maintained the operation of the ski slope where the accident occurred and was not realistically in a position to assume such control, the existence of a duty owed to the decedent by the aforementioned defendant has not been established (see, Johnson v. Cherry Grove Is. Mgt., 175 A.D.2d 827; Vogel v. West Mtn. Corp., 97 A.D.2d 46).

The plaintiff's reliance on Cohen v. Heritage Motor Tours ( 205 A.D.2d 105) is misplaced inasmuch as she does not allege that the Detective's Endowment Association directed the decedent to ski down the slope where the accident occurred. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Mongello v. Resort

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 502 (N.Y. App. Div. 1996)
Case details for

Mongello v. Resort

Case Details

Full title:CAROL A. MONGELLO, Appellant, v. DAVOS SKI RESORT et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 1996

Citations

224 A.D.2d 502 (N.Y. App. Div. 1996)
638 N.Y.S.2d 166

Citing Cases

Stemke v. Mastrogiacomo

Here, Tobias, the coach of Middle Country Boys Lacrosse Club, organized and scheduled the training session…

Mercer v. City of New York

The submissions by PAL, both in its original motion for summary judgment and in opposition to the plaintiff's…