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Cassese v. Ramapo Ice Rinks, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 488 (N.Y. App. Div. 1994)

Opinion

October 3, 1994

Appeal from the Supreme Court, Rockland County (Meehan, J.).


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

The plaintiff assumed the risk of the injury which he sustained upon voluntarily participating in a league hockey game at the defendant's rink (see, e.g., Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432, 439; Maddox v. City of New York, 66 N.Y.2d 270, 277-278; Ferraro v. Town of Huntington, 202 A.D.2d 468). Additionally, we note that the plaintiff failed to establish that the defendant breached any duty of care in connection with the incident which caused his injury, or, in any event, that his injury was proximately caused by any act or omission of the defendant (cf., Kelly v. Great Neck Union Free School Dist., 192 A.D.2d 696, 697). Thompson, J.P., Sullivan, Altman and Goldstein, JJ., concur.


Summaries of

Cassese v. Ramapo Ice Rinks, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 488 (N.Y. App. Div. 1994)
Case details for

Cassese v. Ramapo Ice Rinks, Inc.

Case Details

Full title:CHRISTOPHER CASSESE, Respondent, v. RAMAPO ICE RINKS, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 3, 1994

Citations

208 A.D.2d 488 (N.Y. App. Div. 1994)
616 N.Y.S.2d 797

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