Opinion
March 14, 2000
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 16, 1998, which granted defendants' motion for summary judgment dismissing the complaint, and order, same court and Justice, entered December 28, 1998, which denied, as moot, plaintiff's motion to strike defendants' answer or to compel discovery, unanimously affirmed, without costs.
Adrienne DeLuca for plaintiff-appellant.
Mitchell R. Goldklang for defendants-respondents.
Nardelli, J.P., Williams, Tom, Lerner, Rubin, JJ.
Plaintiff, while skating on defendants' rink, was injured when she fell as she attempted to step over two fallen skaters. This action to recover for the injuries sustained by plaintiff in consequence of that fall was properly dismissed since plaintiff's fall and the circumstances that brought it about were reasonably foreseeable incidents of the athletic activity in which plaintiff had chosen to participate (see, Savaria v. Makkos of Brooklyn, 264 A.D.2d 576, 694 N.Y.S.2d 393). Moreover, given the short period in which the events culminating in plaintiff's fall materialized, a triable issue of fact has not been created as to whether defendants' skating guards failed to respond in a timely manner, much less as to whether any such failure unreasonably enhanced the ordinary risks of skating on defendants' rink.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.