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WHITMAN v. ZEIDMAN

16 A.D.3d 197 (2005)

791 N.Y.S.2d 54

HARRISON WHITMAN et al., Appellants, v. MICHAEL ZEIDMAN, an Infant, by SARIT ZEIDMAN, His Parent and Legal Guardian, et al., Respondents.

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

March 15, 2005.

Plaintiff Harrison Whitman was injured in a collision with defendant Michael Zeidman while snowboarding. By "engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation" (Morgan v State of New York, 90 N.Y.2d 471, 484 [1997]). The risk of injury caused by another skier is inherent...

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