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RIGANO v. CORAM BUS SERV., INC.

226 A.D.2d 274 (1996)

641 N.Y.S.2d 285

Constance Rigano, Individually and as Executrix of George Rigano, Deceased, Respondent, v. Coram Bus Service, Inc., Defendant, and Ski Windham Corp. et al., Appellants

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

April 25, 1996

Summary judgment dismissal of three causes of action was clearly unwarranted where the case is replete with conflicting evidence and varying inferences which could be drawn therefrom. Material issues of fact include whether the decedent was skiing out of control and beyond his ability; whether defendants created additional risks that are not generally associated with the sport of skiing; whether defendants negligently permitted...

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