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QUIGLEY v. FROST VALLEY YMCA

2010-07741.

85 A.D.3d 752 (2011)

924 N.Y.S.2d 851

2011 NY Slip Op 5039

THOMAS QUIGLEY et al., Appellants, v. FROST VALLEY YMCA, Respondent.

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

Decided June 7, 2011.

Ordered that the order is affirmed, with costs.

The injured plaintiff was in the process of mounting a horse for the purpose of horseback riding at stables operated by the defendant, Frost Valley YMCA. Immediately after the injured plaintiff was seated on the horse, it cantered forward several paces, allegedly causing the injured plaintiff to fall or be thrown from the horse and sustain injuries.

Voluntary participants in a sporting activity are presumed to...

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