From Casetext: Smarter Legal Research

Vittiglio v. Board of Commissioners

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 413 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kohn, J.), dated March 25, 1996, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law ( see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557; Smith v. County of Nassau, 232 A.D.2d 474). In response, the plaintiffs failed to demonstrate the existence of triable issues of fact with respect to their claim that the defendant negligently maintained the ice skating rink where the infant plaintiff was injured ( see, Giaimo v. Roller Derby Skate Corp., 234 A.D.2d 340; Byrne v. Westchester County, 178 A.D.2d 575; Strauss v. Town of Oyster Bay, 201 A.D.2d 553; Pascucci v. Town of Oyster Bay, 186 A.D.2d 725; cf., Naim v Schwartz Bros. Mem. Chapels, 232 A.D.2d 383). Rosenblatt, J.P., O'Brien, Ritter and Copertino, JJ., concur.


Summaries of

Vittiglio v. Board of Commissioners

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 413 (N.Y. App. Div. 1997)
Case details for

Vittiglio v. Board of Commissioners

Case Details

Full title:ANTONIO VITTIGLIO, an Infant, by Her Mother and Natural Guardian, PATRICIA…

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

Date published: Apr 14, 1997

Citations

238 A.D.2d 413 (N.Y. App. Div. 1997)
657 N.Y.S.2d 338