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Shamelashvili v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 631 (N.Y. App. Div. 1999)

Opinion

Submitted May 18, 1999

June 28, 1999

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated May 18, 1998, as granted the motion of the defendant City Ice Sports, Inc., and the cross motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against them.

Michael S. Winokur, Rego Park, N.Y., for appellants.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and Edward F. X. Hart of counsel), for respondent City of New York.

Purcell Ingrao, P.C., Mineola, N.Y. (Anthony Marino of counsel), for respondent City Ice Sports, Inc.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in permitting the defendants to file their respective motion and cross motion for summary judgment beyond the time limit provided by CPLR 3212(a) ( see, Quinlan v. Kaufman, 258 A.D.2d 453 [2d Dept., Feb. 1, 1999]). Further, the court properly granted the motion and cross motion for summary judgment. The infant plaintiff was injured while ice skating when she was suddenly and abruptly struck by another skater, whose conduct could not have been anticipated or avoided by any degree of supervision. Under the circumstances, liability cannot be imposed on the defendants, the owner and the operator of the skating rink ( see, Winter v. City of New York, 208 A.D.2d 827; Blashka v. South Shore Skating, 193 A.D.2d 772; Bua v. South Shore Skating, 193 A.D.2d 774).


Summaries of

Shamelashvili v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 631 (N.Y. App. Div. 1999)
Case details for

Shamelashvili v. City of New York

Case Details

Full title:MIRIAM SHAMELASHVILI, etc., et al., appellants, v. CITY OF NEW YORK, et…

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

Date published: Jun 28, 1999

Citations

262 A.D.2d 631 (N.Y. App. Div. 1999)
692 N.Y.S.2d 695

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