New York Court of Appeals

Robin Custodi v. Town of Amherst, and Peter Muffoletto

October 30, 201220 N.Y.3d 83

Summary

The New York Court of Appeals affirmed the Appellate Division’s order reinstating the plaintiff’s negligence claim, holding that the doctrine of primary assumption of the risk does not apply to a recreational rollerblading activity on a private driveway and that genuine issues of fact remain on proximate causation.