BOEN v. SKI PLATTEKILL, INC.


282 A.D.2d 563 (2001)

723 N.Y.S.2d 392

CHIAN BOEN, Respondent, v. SKI PLATTEKILL, INC., Doing Business as SKI PLATTEKILL MOUNTAIN BIKING CENTER, Defendant, and MICHAEL CROES, an Infant, by His Mother and Natural Guardian, MARILYN CROES, Appellant.

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

Decided April 16, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

While mountain biking with the appellant, Michael Croes, the plaintiff was injured when his bicycle collided with the appellant's bicycle after the appellant's bicycle struck a rock and fell. The appellant moved for summary judgment on the ground that the plaintiff assumed the risk of injury when he engaged in...

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