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RESNICK v. GRIBETZ

66 N.Y.2d 729 (1985)

Gail W. Resnick et al., Appellants, v. H. Joel Gribetz, Respondent.

Court of Appeals of the State of New York.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Steven Di Joseph for appellants.

Patricia D'Alivia for respondent.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE. Taking no part: Judge ALEXANDER.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and a new trial granted. There is no evidence in this record to support a finding of express, as opposed to implied, assumption of risk (compare, Arbegast v Board of Educ., 65 N.Y.2d 161). The trial court erred in charging the jury, over plaintiff's objection, that a finding of assumption of...

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