Appellate Division of the Supreme Court of the State of New York April 28, 2011 (Finn v. Barbone)

McCarthy, J.

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered October 4, 2010 in Saratoga County, which denied defendants’ motion for summary judgment dismissing the complaint.

Defendant West Mountain Ski Resort operates a ski facility in the Town of Queensbury, Warren County. Defendant Michael Barbone is a co-owner and is in charge of the day-to-day operation of the facility.