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ROSENBAUM v. BAYIS NE'EMON, INC.

32 A.D.3d 534 (2006)

820 N.Y.S.2d 326

MOSHE ROSENBAUM et al., Respondents, v. BAYIS NE'EMON, INC., Doing Business as CAMP ESTHER, Appellant, et al., Defendant.

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

August 29, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff Moshe Rosenbaum (hereinafter the plaintiff) was injured when his foot slipped into a hole while playing a game of badminton on premises owned by the defendant Bayis Ne'Emon, Inc., doing business as Camp Esther (hereinafter the appellant). The Supreme Court denied the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it based on the doctrine of assumption of risk...

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