1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 20 N.Y.3d
  5. 20 N.Y.3d 83 (2012)
 

CUSTODI v. TOWN OF AMHERST

No. 164.

20 N.Y.3d 83 (2012)

980 N.E.2d 933

957 N.Y.S.2d 268

2012 NY Slip Op 7225

ROBIN CUSTODI et al., Respondents, v. TOWN OF AMHERST et al., Defendants, and PETER MUFFOLETTO et al., Appellants.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Watson Bennett Colligan & Schechter, LLP, Buffalo ( Joel B. Schechter of counsel), for appellants.

Andrews Bernstein & Maranto, LLP, Buffalo ( Robert J. Maranto, Jr. , of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case involving a plaintiff who fell and sustained injuries while rollerblading, we conclude that the doctrine of primary assumption of the risk does not preclude her common-law negligence claim against the landowner defendants. We therefore affirm the Appellate Division order reinstating the complaint.

In July 2007, plaintiff Robin Custodi broke her hip when she tripped...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases