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“Court of Appeals Decisions Clarify Primary Assumption of Risk Defense in Tort Actions,” The Defendant, Defense Association of New York

Summer 2013

“The Court of Appeals decided two cases in 2012 dealing with the primary assumption of risk defense in tort cases,” writes Brian W. McElhenny, a partner in Goldberg Segalla’s General Liability Practice Group.

In this article, Brian examines Bukowski v. Clarkson University and Custodi v. Town of Amherst, exploring how the court in these critical cases clarified the elements of the primary assumption of risk defense, which is a complete defense in a tort action.

Read the article here: