PITKEWICZ v. BOY SCOUTS OF AM., INC.


231 A.D.2d 561 (1996)

647 N.Y.S.2d 113

Frank Pitkewicz et al., Plaintiffs, v. Boy Scouts of America, Inc. — Suffolk County Council, et al., Defendants, and Brian McAuliff, Defendant and Third-Party Plaintiff-Respondent. Morgan Kraus et al., Third-Party Defendants-Respondents; Neil Cahill, Third-Party Defendant-Appellant

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

September 16, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint and all cross claims insofar as asserted against the third-party defendant Neil Cahill are dismissed.

The plaintiff Frank Pitkewicz, Jr., then 14 years old and a Boy Scout, was allegedly injured in 1991 while trying to negotiate an intermediate ski trail during a troop ski trip. Alleging, among other things, that his skill level...

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