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CAPPADORA v. ORANGE-ULSTER BOCES

2009-02510

72 A.D.3d 862 (2010)

898 N.Y.S.2d 863

PHILLIP CAPPADORA, Appellant, v. ORANGE-ULSTER BOCES et al., Respondents, et al., Defendants.

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

Decided April 20, 2010.

Ordered that the order is affirmed, with costs.

In support of their separate motions for summary judgment, the defendants Orange-Ulster BOCES and Joint Recreation Commission of the Town and Village of Goshen made prima facie showings of entitlement to judgment as a matter of law by demonstrating that, pursuant to the doctrine of primary assumption of risk, they owed no duty to the plaintiff (see Maddox v City of New York, 66 N.Y.2d 270...

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