Vanderbrook v. Emerald Springs Ranch, et al., No. 855 CA 12-01981, 2013 N.Y. App. Div. LEXIS 6171 (N.Y. Ct. App. Sept. 27, 2013)

(plaintiff sustained injuries during horseback ride on guided trail ride at defendant's ranch when horse plaintiff was riding brushed up against tree injuring plaintiff's leg and hip; trial court denied defendant's motion for summary judgment on basis that defendant's evidence raised question of fact concerning whether they knew of horse's propensity to walk too closely to trees; appellate court affirmed trial court's denial of summary judgment to defendant; riding lesson also ancillary to recreational activity of horseback riding and, as such, release of liability void as against public policy; defendant failed to establish that plaintiff assumed risk of horseback riding as a matter of law because question of fact raised as to whether defendant unreasonably increased risks of horseback riding by using bitless bridle on horse; plaintiff novice rider).