Miscellaneous Developments

  • Of Counsels, Carol Schrager and Beth Willensky, as part of their recreational liability defense practice, very recently obtained an important and favorable ruling on the issue of venue for litigating recreational liability cases. In Karlsberg v. Hunter Mountain, the New York State Appellate Division, Second Department, considered whether a beginner snowboarder, who was injured while taking a boarding lesson at Hunter Mountain, could pursue a personal injury claim in his suburban home county (Suffolk County) or whether a contract he signed before the lesson, stating that any disputes would be litigated exclusively in the rural Greene County Supreme Court (where the ski area is located), should prevail. The Second Department held, contrary to the plaintiff’s position, that the agreement was not an unenforceable “contract of adhesion,” and that its forum selection clause does not contravene public policy. (September 23, 2015) Carol Schrager serves as outside General Counsel to Hunter Mountain; Beth Willensky was Of Counsel in the case.