Katelyn Maher, etc., et al., respondents, v. LLC (2011)

Argued—May 24, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the defendants Wood Hollow Equestrian Center, LLC, and Polly Hall appeal from an order of the Supreme Court, Suffolk County (Cohen, J.), dated June 16, 2010, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is affirmed, with costs.

The infant plaintiff Katelyn Maher was allegedly injured when she was thrown by a pony she was riding during horseback riding lessons offered by the defendant Polly Hall at the defendant Wood Hollow Equestrian Center, LLC (hereinafter together the defendants).   While being thrown is a danger inherent in the sport of horseback riding (see Turcotte v. Fell, 68 N.Y.2d 432, 437;  Eslin v. County of Suffolk, 18 AD3d 698;  Kinara v Jamaica Bay Riding Academy, Inc., 11 AD3d 588), the defendants here failed to meet their prima facie burden of showing that this particular plaintiff, an eight-year-old girl with limited riding experience at the time of the incident, appreciated the risks associated with this type of activity (see Bennett v. City of New York, 303 A.D.2d 614;  de Lacy v. Catamount Dev. Corp., 302 A.D.2d 735;  Taylor v Massapequa Intl. Little League, 261 A.D.2d 396;  cf.  Morrelli v. Giordano, 206 A.D.2d 464;  Rubenstein v. Woodstock Riding Club, 208 A.D.2d 1160;  Auwarter v Malverne Union Free School Dist., 274 A.D.2d 528).   Thus, the defendants were not entitled to summary judgment based on the theory of primary assumption of risk, regardless of the sufficiency of the plaintiffs' opposition papers.

In light of our determination, we need not reach the defendants' remaining contention.

DILLON, J.P., BALKIN, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court