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Mor v. Yeshiva Yesode Hatorah Nachlals Yakov

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 393 (N.Y. App. Div. 1998)

Opinion

December 14, 1998

Appeal from the Supreme Court, Kings County (Rappaport, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellant.

Whether measured against New Jersey standards (see, NJ Stat Annot §§ 5:14-6, 5:14-7; cf., Calhanas v. South Amboy Roller Rink, 292 N.J. Super. 513, 679 A.2d 185) or those under New York law (see, Morgan v. State of New York, 90 N.Y.2d 471), the injured plaintiff must be deemed to have assumed the risk of losing her balance and falling while roller skating at the appellant's roller skating rink, located in New Jersey (see, Sorice v. Captree Homes, 250 A.D.2d 755; see also, Maddox v. City of New York, 66 N.Y.2d 270). Contrary to the plaintiffs' contentions, their submissions on the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, failed to raise issues of fact with respect to the claim that the appellant enhanced the risks inherent in the sport (see, Kazlow v. City of New York, 253 A.D.2d 411; Loewenthal v. Catskill Funland, 237 A.D.2d 262; cf., Baker v. Briarcliff School Dist., 205 A.D.2d 652).

Miller, J. P., Copertino, Thompson and Friedmann, JJ., concur.


Summaries of

Mor v. Yeshiva Yesode Hatorah Nachlals Yakov

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 393 (N.Y. App. Div. 1998)
Case details for

Mor v. Yeshiva Yesode Hatorah Nachlals Yakov

Case Details

Full title:RACHEL MOR et al., Respondents, v. YESHIVA YESODE HATORAH NACHLALS YAKOV…

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

Date published: Dec 14, 1998

Citations

256 A.D.2d 393 (N.Y. App. Div. 1998)
681 N.Y.S.2d 586

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