STANLEY v. KELLY

444 CA 21-00983.

208 A.D.3d 993 (2022)

173 N.Y.S.3d 750

2022 NY Slip Op 04847

Eleanor Stanley, Individually and as Administrator of the Estate of Michael Stanley, Deceased, et al., Appellants, v. Thomas Kelly et al., Respondents, and Boonville Hotel, Inc., Respondent-Appellant.

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

Decided August 4, 2022.


Attorney(s) appearing for the Case

LAW OFFICE OF ROBERT F. DANZI, JERICHO ( CHRISTINE COSCIA OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

DETRAGLIA LAW OFFICE, UTICA ( MICHELE E. DETRAGLIA OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

BURKE, SCOLAMIERO & HURD, LLP, ALBANY ( STEVEN V. DEBRACCIO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.


It is hereby ordered that said cross appeal is unanimously dismissed and the order is affirmed without costs.

Memorandum: Decedent died after he drove a snowmobile— lent to him by defendant Thomas Kelly (Kelly)—into the side of an overpass located adjacent to a trail on which he and his companions had been traveling. Shortly before the accident, decedent and his companions, including Kelly, spent several hours...

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