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Ochacher v. Jamaica Bay Riding Academy

Appellate Division of the Supreme Court of New York, First Department
Mar 8, 1994
202 A.D.2d 239 (N.Y. App. Div. 1994)

Opinion

March 8, 1994

Appeal from the Supreme Court, Kings County (Joseph Dowd, J.).


Plaintiff instituted this action to recover damages for injuries allegedly sustained when she fell off one of defendant's horses. Upon review of the evidence, we conclude that the jury could have reasonably found that plaintiff failed to meet her burden of demonstrating defendant knew or should have known of the animal's vicious propensities or that the horse was unsuitable (Beers v. Elebash, 186 A.D.2d 515, lv denied 81 N.Y.2d 706).

We have reviewed plaintiff's claims concerning the court's jury instructions concerning liability and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.


Summaries of

Ochacher v. Jamaica Bay Riding Academy

Appellate Division of the Supreme Court of New York, First Department
Mar 8, 1994
202 A.D.2d 239 (N.Y. App. Div. 1994)
Case details for

Ochacher v. Jamaica Bay Riding Academy

Case Details

Full title:LILLIAN OCHACHER, Appellant, v. JAMAICA BAY RIDING ACADEMY, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 8, 1994

Citations

202 A.D.2d 239 (N.Y. App. Div. 1994)
608 N.Y.S.2d 449

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