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JOSEPH v. NY RACING ASSN.

28 A.D.3d 105 (2006)

809 N.Y.S.2d 526

GOBIN JOSEPH et al., Respondents, v. NEW YORK RACING ASSOCIATION, INC., Doing Business as BELMONT RACE TRACK, et al., Appellants.

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

February 7, 2006.

Attorney(s) appearing for the Case

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola (Joshua M. Jemal of counsel), for appellants.

Neil H. Greenberg & Associates, P.C., Westbury (Justin M. Reilly of counsel), for respondents.

RITTER, J.P., LUCIANO and SKELOS, JJ., concur.

OPINION OF THE COURT

MASTRO, J.

This appeal presents us with an opportunity to discuss the principles underlying the doctrine of primary assumption of risk, and to apply those principles to the facts in the matter before us. Upon doing so, we must conclude that the plaintiffs' action to recover damages for personal injuries, based upon the injured plaintiff's fall from a horse on January 23, 1999, at Belmont...

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