The record, including, in particular, plaintiff's testimony, obviously credited by the trial court as trier of the facts, supports findings that the 15-year-old plaintiff, while on a student tour operated by defendant, was compelled by her counselors, over her protestations, to ride a bicycle even though she got off the bike three times. In view of the compulsion, the defense of assumption of risk does not avail defendant (see, Benitez v New York City Bd. of Educ.,
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PFEIFER v. MUSIKER STUDENT TOURS, INC.
280 A.D.2d 266 (2001)
720 N.Y.S.2d 121
TARA S. PFEIFER, Respondent, v. MUSIKER STUDENT TOURS, INC., Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 1, 2001.
Decided February 1, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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