Buchanan v Dombrowski
2011 NY Slip Op 03360 [83 AD3d 1500]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


Rachel T. Buchanan, Respondent, v Matt Dombrowski, Individually and as Owner of Magruder's Restaurant & Pub Inc., et al., Appellants. (Appeal No. 2.)

—[*1] Sliwa & Lane, Buffalo (Paul F. Murak of counsel), for defendants-appellants.

Kenney Shelton Liptak Nowak LLP, Buffalo (Rodger P. Doyle, Jr., of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered September 15, 2010 in a personal injury action. 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 (83 AD3d 1497 [2011]). Present—Smith, J.P., Peradotto, Lindley and Martoche, JJ.