Opinion
May 24, 1993
Appeal from the Supreme Court, Nassau County (Goldstein, J.).
Ordered that the order is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the complaint and third-party complaint are dismissed.
The infant plaintiff was brought to the roller skating rink owned by the appellants South Shore Skating, Inc., and America on Wheels, Inc., d/b/a Hot Skates of Lynbrook, New York by the appellant Camp Hillel. Camp Hillel is a summer camp owned and operated by the appellant Hebrew Academy of the Five Towns and Rockaway. At the rink, she was suddenly pushed from behind by another skater, fell, and broke her leg. In denying the motions by the appellants South Shore Skating, Inc., and America on Wheels, Inc., d/b/a Hot Skates of Lynbrook, New York, for summary judgment dismissing the complaint insofar as asserted against them, and the cross motion by the appellants Hebrew Academy of the Five Towns and Rockaway, and Camp Hillel for summary judgment dismissing the complaint as asserted against them and dismissing the third-party complaint, the court imposed the standard of care usually borne by school districts upon the appellants. That standard of care is not applicable here. Where a skater is struck by an unknown skater and no amount of supervision could have prevented the accident, a roller skating rink bears no liability for failure to supervise (see, Baker v Eastman Kodak Co., 28 N.Y.2d 636; Taynor v Skate Grove, 150 A.D.2d 362). Moreover, neither a camp nor a skating rink has a duty to instruct beginners in skating, an activity that is not inherently dangerous (see, Sabey v Hudson Val. Girl Scout Council, 16 A.D.2d 525; Riaf v State of New York, 16 Misc.2d 132). Mangano, P.J., Thompson, Balletta and Joy, JJ., concur.