FARONE v. HUNTER MOUNTAIN SKI BOWL INC (2008)

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered October 11, 2007, which denied defendants' motions for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motions granted.   The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

 Plaintiff seeks recovery for injuries sustained when struck by a fellow skier, defendant Morris, at an area operated by defendant Hunter Mountain.   This accident was the result of inherent risks in downhill skiing (see General Obligations Law § 18-101), and the motions should have been granted (Lamprecht v. Rhinehardt, 8 A.D.3d 448, 778 N.Y.S.2d 310 [2004];  Kaufman v. Hunter Mt. Ski Bowl, 240 A.D.2d 371, 372, 657 N.Y.S.2d 773 [1997], lv. denied 91 N.Y.2d 805, 668 N.Y.S.2d 560, 691 N.E.2d 632 [1998] ).

 Defendants made prima facie showings of entitlement to dismissal based on the doctrine of assumption of risk, plaintiff having admitted awareness of the inherent risks and defendants having submitted proof that they did not enhance such risks (see Whitman v. Zeidman, 16 A.D.3d 197, 791 N.Y.S.2d 54 [2005];  Bono v. Hunter Mt. Ski Bowl, 269 A.D.2d 482, 703 N.Y.S.2d 246 [2000], lv. denied 95 N.Y.2d 754, 711 N.Y.S.2d 833, 733 N.E.2d 1102 [2000] ).   In opposition, plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572 [1986];  Kaufman, 240 A.D.2d at 372, 657 N.Y.S.2d 773).

Plaintiff's allegation that posted signage failed to comply with Hunter's statutory and common-law duty is unsupported.   Moreover, the accident occurred when Morris hit an ice patch during an evasive maneuver, which is one of the risks inherent in downhill skiing.