BARONE v. ST. JOSEPH'S VILLA


255 A.D.2d 973 (1998)

679 N.Y.S.2d 782

Carol Barone, Appellant, v. St. Joseph's Villa, Respondent. (Appeal No. 2.)

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

November 13, 1998


Order unanimously reversed on the law with costs, motion for summary judgment denied and complaint reinstated.

Memorandum:

Plaintiff commenced this action to recover for personal injuries that she sustained in a fall while participating in a "challenge" course owned by defendant. Supreme Court granted defendant's motion for summary judgment dismissing the complaint based on a release signed by plaintiff before she was injured and, upon reargument, adhered...

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