On July 26, 2000, Eliana and her father went on a private horseback ride at Golden Acres. D.) Eliana had gone on at least one walk and trot trail ride in 2000 before the day of the incident, and had taken a couple of riding lessons the previous summer. The document also purported to hold Golden Acres "harmless from every and all claim which may arise from injury, which might occur from use of said horse and/or equipment." (Kelly Aff. The document was titled "Stable Arrival List " and other guests' names and signatures were listed on the form. Eliana's father signed what he believed to be a stable sign-in sheet two days before Eliana was injured while horseback riding. Plaintiffs filed a sur-reply following oral argument with the court's permission to address the waiver of liability issue raised by defendants in reply.Įliana, then nine years old, and her family went on vacation to Golden Acres premises located at Gilboa, New York, in July of 2000. Oral argument was heard on February 27, 2004, in Utica, New York. In reply, defendants argue for the first time that a release signed by Eliana's father absolves Golden Acres from liability. Defendants move for summary judgment on the basis of assumption of the risk. Gauthier ("Gauthier") and "Andre," as known by the plaintiffs. Plaintiff Eliana Applbaum ("Eliana"), an infant at the time of the incident, and her mother and natural guardian, Linda Applbaum, bring this suit against Golden Acres Farm and Ranch Golden Acres Farm Farm Resorts, Inc.
The trial court precluded summary judgment due to the existence of genuine issues of material fact relating the parent's assumption of the risk. Parents of the minor child brought a personal injury claim against the stable and the stable moved for summary judgment. Minor child fell off of a horse while horseback riding at a resort ranch and sustained severe injuries.
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