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BEROUTSOS v. SIX FLAGS

185 Misc.2d 557 (2000)

713 N.Y.S.2d 640

ANDREAS BEROUTSOS et al., Plaintiffs, v. SIX FLAGS THEME PARK, INC., et al., Defendants.

Supreme Court, New York County.

June 27, 2000.

Attorney(s) appearing for the Case

Richard Gates, Garden City (Janet D. Cebula of counsel), for defendants.

Featherstonhaugh, Conway, Wiley & Clyne, L. L. P., Albany (William F. Conway, IV, of counsel), for plaintiffs.

OPINION OF THE COURT

MARILYN SHAFER, J.

Background

Plaintiff boarded a roller coaster ride at defendant amusement park and subsequently suffered neck and back injuries allegedly caused by the ride. Defendant Six Flags Theme Park, Inc., brings this motion for summary judgment, claiming that plaintiff assumed the risk of the ride, that he had ample opportunity to observe the ride and was advised...

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