Opinion
May 31, 1994
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was allegedly injured when she fell off a horse on property which the appellant's decedent owned as a tenant-in-common with the defendant Gene Mason. It is undisputed that the horse was owned by Gene Mason. The plaintiff presented evidence that the horse "spooked" easily and that she was not warned of this before she rode the horse. The injury occurred when the horse moved sharply after the plaintiff attempted to ride it through a puddle of water in the area where she was exercising the horse.
The court properly denied summary judgment to the appellant. Triable issues of fact exist, including whether the appellant's decedent had notice of the horse's tendency to "spook" and of the condition of the land, and her involvement in the activities which occurred on the property (see, Appel v. Charles Heinsohn, Inc., 91 A.D.2d 1029, 1030, affd 59 N.Y.2d 741).
We have examined the appellant's remaining contentions and find them to be without merit. Lawrence, J.P., Ritter, Hart and Krausman, JJ., concur.