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STANISLAV v. PAPP

3673, 101049/08.

78 A.D.3d 556 (2010)

911 N.Y.S.2d 60

BARBARA ANN STANISLAV, Appellant, v. WILLIAM J. PAPP, Jr., Respondent, et al., Defendant.

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

Decided November 23, 2010.

Plaintiff was injured when she fell off a horse while on a date with defendant. She alleges that defendant was negligent in failing to properly warn her and appreciate her limited level of skill as a rider, and in failing to pay proper attention to her request that the horses proceed at a slow pace in a careful manner.

A finding of negligence may be based only upon a breach of a duty (see Darby v Compagnie Natl. Air France...

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