Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Supreme Court erred in concluding that plaintiffs' cause of action is barred by the doctrine of assumption of risk. With the enactment of the comparative negligence statute, assumption of risk is no longer an absolute defense but a measure of defendant's duty of care (see, CPLR 1411; Benitez v New York City Bd. of Educ.,
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McKENNEY v. DOMINICK
190 A.D.2d 1021 (1993)
Kathy McKenney et al., Appellants-Respondents, v. Charles Dominick, Respondent, and Song Mountain Ski Center, Inc., Respondent-Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
February 5, 1993
February 5, 1993
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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