New York Court of Appeals, 1985

Resnick v. Gribetz

New York Court of Appeals · Decided October 22, 1985

66 N.Y.2d 729; 487 N.E.2d 908; 496 N.Y.S.2d 998; 1985 N.Y. LEXIS 17283

Cases that cite this one

1 later published case cites this decision.

Edith Schneider and Herman Schneider v. Emanuel Revici, M.D., and Institute of Applied Biology, Inc., Defendants (2d Cir. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and a new trial granted. There is no evidence in this record to support a finding of express, as opposed to implied, assumption of risk (compare, Arbegast v Board of Educ., 65 NY2d 161). The trial court erred in charging the jury, over plaintiff’s objection, that a finding of assumption of risk would bar recovery.

*731Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Titone. Taking no part: Judge Alexander.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.