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FESTA v. APEX CAPITAL, LLC

2017-13456, Index No. 609203/15.

171 A.D.3d 1016 (2019)

98 N.Y.S.3d 318

2019 NY Slip Op 02853

Nicolas Festa et al., Respondents, v. Apex Capital, LLC, Appellant.

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

Decided April 17, 2019.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The infant plaintiff, then 12 years old, was snowboarding at West Mountain, a ski area owned and operated by the defendant, when he noticed a mound of artificial snow on the trail, commonly referred to as a "snow whale." Snow whales are intentionally created by ski area operators...

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