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MONGELLO v. RESORT

224 A.D.2d 502 (1996)

638 N.Y.S.2d 166

Carol A. Mongello, Appellant, v. Davos Ski Resort et al., Defendants, and Detective's Endowment Association, Inc., Respondent

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

February 13, 1996

Ordered that the order is affirmed, with costs.

Since the defendant Detective's Endowment Association, Inc., was merely sponsoring the ski trip attended by the decedent and neither controlled nor maintained the operation of the ski slope where the accident occurred and was not realistically in a position to assume such control, the existence of a duty owed to the decedent by the aforementioned defendant has not been established (see, Johnson v Cherry Grove...

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