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CAROL A. MONGELLO, Appellant, v. DAVOS SKI RESORT et al., Defendants, and DETECTIVE'S ENDOWMENT ASSOCIATION, INC., Respondent.

Ordered that the order is affirmed, with costs.

Since the defendant Detective's Endowment Association, Inc., was merely sponsoring the ski trip attended by the decedent and neither controlled nor maintained the operation of the ski slope where the accident occurred and was not realistically in a position to assume such control, the existence of a duty owed to the decedent by the aforementioned defendant has not been established (see, Johnson v. Cherry Grove Is. Mgt., 175 A.D.2d 827; Vogel v. West Mtn. Corp., 97 A.D.2d 46).

The plaintiff's reliance on Cohen v. Heritage Motor Tours ( 205 A.D.2d 105) is misplaced inasmuch as she does not allege that the Detective's Endowment Association directed the decedent to ski down the slope where the accident occurred. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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MONGELLO v. RESORT
(Feb 13, 1996)