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Vogel v. Venetz

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 489 (N.Y. App. Div. 2000)

Opinion

Submitted October 25, 2000.

December 27, 2000.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated January 4, 2000, which denied their motion for summary judgment dismissing the complaint.

Lawrence N. Rogak, LLC, Oceanside, N.Y. (Irvin Lederer of counsel), for appellants.

Lebit Fruchter, Hauppauge, N.Y. (Michael A. Lebit and Cophen E. Sears of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

John Vogel (hereinafter the plaintiff), a guest at the defendants' motel in Old Forge, was allegedly injured when he slipped and fell in the motel parking lot, which was covered with ice and snow. The plaintiff was in Old Forge to go snowmobiling on designated trails, and the accident allegedly occurred as he was preparing to mount his snowmobile onto a trailer before leaving the parking lot. The defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the motion, and we affirm.

The defendants, citing Morgan v. State of New York ( 90 N.Y.2d 471), contend that the plaintiff was engaged in a sports activity at the time of his accident, and that he assumed the risks inherent in and arising out of the use of a snowmobile. Their reliance on Morgan v. State of New York (supra), however, is misplaced. The defendants are not owners or operators of a sporting facility, and the plaintiff's alleged injury was not caused by an inherent danger associated with snowmobiling. Therefore, as the defendants failed to demonstrate prima facie entitlement to judgment as a matter of law, the Supreme Court properly denied their motion for summary judgment dismissing the complaint (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).


Summaries of

Vogel v. Venetz

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 489 (N.Y. App. Div. 2000)
Case details for

Vogel v. Venetz

Case Details

Full title:JOHN VOGEL, ET AL., RESPONDENTS, v. PAT VENETZ, ET AL., APPELLANTS

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 489 (N.Y. App. Div. 2000)
718 N.Y.S.2d 396

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