Shay v. Contento, 92 A.D.3d 994 (N.Y. Ct. App. 2012)

(plaintiff attended family reunion and was injured when the 2-person ATV he was riding tipped over; plaintiff sued the landowners; landowners filed a third-party action against the plaintiff’s half-sister who was driving the ATV at the time of the accident and plaintiff's parents; trial court dismissed claims on defendants’ and third-party defendants’ summary judgment motions finding plaintiff had assumed the risks of riding the ATV vehicle and was not entitled to recovery; judgment reversed because issues of fact existed on whether assumption of the risk was established by the parties).