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Rachel T. Buchanan v. Matt Dombrowski

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 29, 2011

RACHEL T. BUCHANAN,
PLAINTIFF-RESPONDENT,
v.
MATT DOMBROWSKI, INDIVIDUALLY, AND MAGRUDER'S RESTAURANT & PUB INC.,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered September 15, 2010 in a personal injury action.

Buchanan v Dombrowski

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 29, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

(APPEAL NO. 2.)

The order, insofar as appealed from, granted plaintiff's motion, upon renewal, for summary judgment dismissing defendants' assumption of risk affirmative defense.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion upon renewal seeking dismissal of the affirmative defense of assumption of risk is denied and that affirmative defense is reinstated.

Same Memorandum as in Buchanan v Dombrowski ([appeal No. 1] ___ AD3d ___ [Apr. 29, 2011]).

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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