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PINK v. ROME YOUTH HOCKEY ASSOCIATION, INC.

No. 158.

28 N.Y.3d 994 (2016)

63 N.E.3d 1148

41 N.Y.S.3d 204

2016 NY Slip Op 06946

RAYMOND PINK et al., Respondents, v. ROME YOUTH HOCKEY ASSOCIATION, INC., Appellant, et al., Defendants.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Roemer Wallens Gold & Mineaux LLP, Albany ( Matthew J. Kelly and Amanda Davis Twinam of counsel), for appellant.

Conway & Kirby, PLLC, Latham ( Andrew W. Kirby of counsel), for respondents.

Pacific Legal Foundation, Sacramento, California ( Theodore Hadzi-Antich and Deborah J. La Fetra of counsel), for Pacific Legal Foundation, amicus curiae.

Powers & Santola, LLP, Albany ( Michael J. Hutter of counsel), and Mitchell Proner , New York State Academy of Trial Lawyers, Albany, for New York State Academy of Trial Lawyers, amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur; Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, defendant Rome Youth Hockey Association, Inc.'s motion for summary judgment dismissing the complaint as against it granted and the certified question answered in the negative.

Defendant Rome Youth Hockey Association (hereinafter defendant) is a nonprofit community sports...

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