Cozen O'Connor's David A. Shimkin and Paul J. Zola write: Defense attorneys practicing in the area of recreational torts were more than pleased with the Court of Appeals' 2012 decision in 'Bukowski v. Clarkson University,' reaffirming the applicability of the assumption of risk doctrine in sports injury cases. But the Second Department has since rejected the doctrine in a case that seems to be almost factually identical.
The Continuing Viability of Assumption of Risk Defense
New York Law Journal
April 15, 2013
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