Appellate Division of the Supreme Court of the State of New York December 16, 2010 (Clauss v. Bush)

Stein, J.

Appeal from an order of the Supreme Court (Muller, J.), entered July 13, 2009 in Clinton County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Carolyn Clauss (hereinafter plaintiff) and her husband, derivatively, commenced this action seeking damages for injuries plaintiff sustained as a result of a collision with defendant while skiing.