YOUMANS v. MAPLE SKI RIDGE, INC.

503825.

2008 NY Slip Op 06408

JAMES C. YOUMANS ET AL., Appellants, v. MAPLE SKI RIDGE, INC., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 24, 2008.


Attorney(s) appearing for the Case

Pollock Law Firm, Albany (David J. Pollock of counsel), for appellants.

Roemer, Wallens & Mineaux, L.L.P., Albany (Amanda D. Twiman of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Malone Jr., JJ.


MEMORANDUM AND ORDER

SPAIN, J.

Plaintiff James C. Youmans (hereinafter plaintiff) and his wife, derivatively, commenced this negligence action after plaintiff was injured at defendant's snow tube park in Schenectady County. The snow tube area consists of three lanes each separated by a snowbank (or berm); there are spaces or cut-outs in the berms to allow tubers to walk between the lanes to the lift. Plaintiff alleged that he and his young daughter had each...

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