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O'BRIEN v. CATAMOUNT SKI RESORT, INC.

247 A.D.2d 596 (1998)

670 N.Y.S.2d 37

Kevin O'Brien et al., Appellants, v. Catamount Ski Resort, Inc., Respondent

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

February 23, 1998

Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the complaint is reinstated.

Since there are questions of fact as to whether the defendant was negligent, and whether that negligence, if any, was the proximate cause of the injuries of the plaintiff Kevin O'Brien, the motion for summary judgment should not have been granted.

The parties' remaining contentions are either...

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