BELLORO v. CHICOMA


8 A.D.3d 598 (2004)

779 N.Y.S.2d 231

OSCAR BELLORO, Appellant, et al., Plaintiff, v. JUAN C. CHICOMA et al., Respondents.

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

June 28, 2004.


Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly concluded that the doctrine of primary assumption of the risk relieved the defendants of any duty of care that they may have owed the plaintiff, even though the plaintiff's injury did not result from a leisure or sporting activity (see Westerville v Cornell Univ., 291 A.D.2d 447 [2002]; see also Davis v Kellenberg Mem. High School,...

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