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MUSSARA v. MEGA FUNWORKS, INC.

2011-01511.

100 A.D.3d 185 (2012)

952 N.Y.S.2d 568

2012 NY Slip Op 6787

ANTHONY MUSSARA, et al., Appellants, v. MEGA FUNWORKS, INC., Doing Business as SPLASHDOWN PARK, Respondent, et al., Defendants.

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

October 10, 2012.

Attorney(s) appearing for the Case

Vergilis, Stenger, Roberts, Davis & Diamond, LLP, Wappingers Falls ( Lisa M. Cobb of counsel), for appellants.

Roemer Wallens Gold & Mineaux, LLP, Albany ( Matthew J. Kelly of counsel), for respondent.

ANGIOLILLO, J.P., DICKERSON and BELEN, JJ., concur.

OPINION OF THE COURT

HALL, J.

Anthony Mussara (hereinafter the injured plaintiff) sustained injuries while participating in the summertime, recreational activity of riding down a water slide. On this appeal we consider, inter alia, whether the injured plaintiff assumed the risk of his injuries by voluntarily riding down the water slide, and whether the injured plaintiff's weight, which was in excess of the weight limitation imposed for the water slide, and...

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