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COHEN v. HERITAGE MOTOR TOURS

205 A.D.2d 105 (1994)

Gertrude Cohen, Appellant, v. Heritage Motor Tours, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1994

Attorney(s) appearing for the Case

Julien & Schlesinger, P. C., New York City (Stuart A. Schlesinger and William D. Fireman of counsel), for appellant.

Jacobowitz, Spessard, Garfinkel & Lesman, New York City (Fiedelman & Hoefling [Susan E. Lysaght] of counsel), for respondent.

BRACKEN, J. P., MILLER, COPERTINO and SANTUCCI, JJ., concur.

ALTMAN, J.

On this appeal, we are called upon to determine under what circumstances a tour operator assumes a duty of care to a tour participant and whether the doctrine of the assumption of risk is a complete bar to the recovery of damages by a tour participant, even if such a duty was assumed.

The plaintiff Gertrude Cohen was 70 years old when she participated in a tour to the Canadian Rockies and...

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