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Keith Duby, Respondent, v. Lakeside Country Club of Penn Yan, Inc., Appellant, et al., Defendants

New York Supreme Court, Appellate Division1999-06-18
262 A.D.2d 1071691 N.Y.S.2d 819

Authorities cited

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Opinion

majority opinion

—Order unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Bradstreet, J.). We add only that defendant Lakeside Country Club of Penn Yan, Inc. raises for the first time on appeal the doctrine of “danger invites rescue” (see, Ha-Sidi v South Country Cent. School Dist., 148 AD2d 580, 582). Thus, that contention is not preserved for our review. Were we to reach it, we would conclude that it has no merit. (Appeal from Order of Supreme Court, Steuben County, Bradstreet, J. — Summary Judgment.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.