GUZMAN v. ICELAND


18 A.D.3d 704 (2005)

795 N.Y.S.2d 745

ADA GUZMAN et al., Respondents, v. ICELAND, Appellant, and RHODES SCHOOL et al., Defendants.

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

May 23, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

The sole contention raised by the appellant on this appeal is whether the action should have been dismissed against it "pursuant to the doctrine of plaintiff's assumption of the risk."

Application of the doctrine of assumption of risk "is justified when a consenting participant is aware of the risks; has an appreciation of...

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