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Perrone v. Catamount Ski Resort LLC

Ski Resort Denied Judgment in Injured Patron's Action Asserting Negligence

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On August 28, 2019, Annie Perrone (“Plaintiff”), commenced this diversity action against Catamount Ski Resort, LLC (“Catamount Ski Resort”) and Catamount Development Corporation (“Catamount Development”; together with Catamount Ski Resort, “Catamount” or “Defendants”) in the Southern District of New York, alleging negligence and gross negligence in connection with injuries Plaintiff suffered while skiing at Catamount Ski Resort. See generally Dkt. No. 1 (“Complaint”). On September 23, 2019, Defendants filed an Answer to the Complaint. See Dkt. No. 9. On October 31, 2019, Defendants moved to transfer venue to the Northern District of New York, Dkt. No. 15, and on May 19, 2020, the Court granted Defendants’ motion, Dkt. No. 19. Presently before the Court is Defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Dkt. No. 58 (“Motion”). Plaintiff filed an Opposition, Dkt. No. 64, and Defendants filed a Reply, Dkt. No. 65. For the reasons set forth herein, Defendants’ Motion is denied. II. BACKGROUND1 Familiarity with the facts alleged in the Complaint is assumed, and only the facts relevant to resolving the Motion are revisited here. Plaintiff resides in Connecticut. Dkt. No. 1 at 2. Catamount Development designed, owns, and controls Catamount Ski Resort, which is a “ski recreational facility” with its principal place of business in Hillsdale, New York. Id. at

3, 20-22.2 Both Catamount Development and Catamount Ski Resort were “duly organized and exist[] under and by virtue of the laws of the State of New York.” Dkt. No. 1 at

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