In Morgan v. State, 90 N.Y.2d 471 (1997), the court found 1) the owner or operator of the recreational venue has a duty to exercise care to "make the conditions as safe as they appear to be," 90 N.Y.2d at 484; 2) that risks which are inherent in the sporting or recreational activity are assumed by the participant and vitiate any other duty, 90 N.Y.2d at 485; and 3) that in assessing whether a defendant violated a duty of care the standard is "whether the conditions caused by the defendants' negligence are 'unique and created' a dangerous condition over and above the usual dangers that are inherent in the sport."' 90 N.Y.2d at 485.