Tavares, et al. v. Perl, et al., No. 113556/09, 2012 N.Y. Misc. LEXIS 326 (N.Y. Sup. Ct. Jan. 26, 2012)

(personal injury case involving fall from horse during trail ride; plaintiff had ridden horses on prior occasions and let it be known that she was not comfortable with the horse; horse owner gave assurances that horse was gentle, but plaintiff thrown from horse; defendant moved for summary judgment based on assumption of risk defense; motion denied; issues remained on degree of care that defendants took and knowledge of risk assumed).