Jeffrey Weichsel, et al. v. State of New York

Albany, New York personal injury lawyers represented the Plaintiffs who sued the Defendants on a governmental tort claim premises liablilty negligence theory

In December 2021, claimant Jeffrey Weichsel took his family to Gore Mountain - a state-owned ski resort located in the Adirondack Mountains. After a day of skiing, Weichsel slipped and fell in a parking area and was injured. Weichsel and his spouse, derivatively, brought the instant claim, alleging that defendants had notice of and failed to address the icy condition that caused Weichsel to fall. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the claim, arguing that Weichsel assumed the risk of injuries inherent in skiing, that claimants could not identify the cause of Weichsel's fall and that defendants had no actual or constructive notice of the alleged dangerous condition. The Court of Claims identified issues of fact underlying each of defendants' arguments and accordingly denied their motion. Defendants appeal...



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Weichsel v. State, 2024 NY Slip Op 05384, No. CV-24-0002 (N.Y. App. Div. Oct 31, 2024)

ORDERED that the order is modified, on the law, without costs, by granting partial summary judgment to claimants dismissing defendants' primary assumption of risk affirmative defense, and, as so modified, affirmed.