Maher v. Wood Hollow Equestrian Center, LLC
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants Wood Hollow Equestrian Center, LLC, and Folly 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 Folly 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 NY2d 432, 437 [1986]; Eslin v County of Suffolk, 18 AD3d 698 [2005]; Kinara v Jamaica Bay Riding Academy, Inc., 11 AD3d 588 [2004]), 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
In light of our determination, we need not reach the defendants’ remaining contention. Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.