CLARKE v. CATAMOUNT SKI AREA

5570, 115178/07, 5570A, 103470/08.

87 A.D.3d 926 (2011)

929 N.Y.S.2d 852

011 NY Slip Op 6586

JAMES A. CLARKE, Appellant, v. CATAMOUNT SKI AREA et al., Defendants, and CATAMOUNT DEVELOPMENT CORPORATION et al., Respondents. (And Another Action.)

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

Decided September 27, 2011.


Plaintiff seeks damages for injuries he suffered when he and defendant Zack Lang collided while skiing at an area operated by defendant Catamount Development Corporation. This accident was the result of inherent risks in downhill skiing (see General Obligations Law § 18-101). Defendants made prima facie showings of entitlement to judgment as a matter of law based on the doctrine of assumption of risk; plaintiff admitted awareness of the inherent risks of downhill...

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