DEMASI v. ROGERS


34 A.D.3d 720 (2006)

826 N.Y.S.2d 106

KEVIN DEMASI, Appellant, v. SCOTT ROGERS, Respondent.

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

Decided November 28, 2006.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, the motion for summary judgment dismissing the complaint is denied, and the order is modified accordingly.

The plaintiff commenced this action to recover damages for injuries allegedly sustained when the defendant snowboarder collided with him while he was skiing in Massachusetts. After discovery was completed, the defendant moved for summary judgment dismissing the complaint...

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