PAULINO v. BRAUN

Index No. 22499/17. Appeal No. 14040. Case No. 2021-00544.

195 A.D.3d 491 (2021)

145 N.Y.S.3d 335

2021 NY Slip Op 03668

Manuel D. Paulino, Appellant, v. Menachem Braun, Respondent.

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

Decided June 10, 2021.


Attorney(s) appearing for the Case

Gropper Law Group PLLC, New York ( Joshua D. Gropper of counsel), for appellant.

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.


In this action in which plaintiff was injured when, as a passenger sightseeing on defendant's boat, he stood up as the boat was rising up and down as a result of passing waves, then slipped and fell, defendant established entitlement to judgment as a matter of law based on the doctrine of primary assumption of the risk. Defendant's evidence showed that plaintiff's injuries arose from commonly appreciated risks inherent in the recreational activity in which he was engaged...

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