Stanislav v. Papp

• Decision Date: 23 November 2010
• Citation: 911 N.Y.S.2d 60,78 A.D.3d 556
• Parties: Barbara Ann STANISLAV, Plaintiff-Appellant, v. William J. PAPP, Jr., Defendant-Respondent, Nancy Axelrod-Lamb, Defendant.
• Court: New York Supreme Court — Appellate Division

911 N.Y.S.2d 60

78 A.D.3d 556

Barbara Ann STANISLAV, Plaintiff-Appellant,

v.William J. PAPP, Jr., Defendant-Respondent,Nancy Axelrod-Lamb, Defendant.

Supreme Court, Appellate Division, First Department, New York.

Nov. 23, 2010.

Becker & D'Agonstino, New York (Michael D'Agostino of counsel), for appellant.

Mischel & Horn, P.C., New York (Naomi M. Taub of counsel), for respondent.

GONZALEZ, P.J., TOM, SWEENY, RICHTER, MANZANET-DANIELS, JJ.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered September 10, 2009, which granted defendant Papp's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured when she fell off a horse while on a date with defendant. She alleges that defendant was negligent infailing to properly warn her and appreciateher limited level of skill as a rider, and in failing to pay proper attention to her request that the horses proceed at a slow pace in a careful manner.

A finding of negligence may be based only upon a breach of a duty ( see Darby v. Compagnie Natl. Air France, 96 N.Y.2d 343, 347, 728 N.Y.S.2d 731, 753 N.E.2d 160 [2001] ). Plaintiff has provided no evidence or authority which supports her contention that defendant owed her a duty to insure that the horseback riding experience was safe. As a person with experience riding horses, plaintiff was aware that the risks of falling from a horse or a horse acting in an unintended manner are inherent in the sport ( see Kirkland v. Hall, 38 A.D.3d 497, 498, 832 N.Y.S.2d 232 [2007]; Kinara v. Jamaica Bay Riding Academy, Inc., 11 A.D.3d 588, 783 N.Y.S.2d 636 [2004]; Freskos v. City of New York, 243 A.D.2d 364, 663 N.Y.S.2d 174 [1997]; Dalton v. Adirondack Saddle Tours, Inc., 40 A.D.3d 1169, 1171, 836 N.Y.S.2d 303 [2007] ). Defendant's conduct was not so unique or reckless as to create an additional unanticipated risk for plaintiff.