Opinion
February 4, 1991
Appeal from the Court of Claims (Lengyel, J.).
Ordered that the judgment is reversed, on the law, with costs, and the claim is dismissed.
While ice skating at the Bear Mountain State Park ice skating rink, the claimant tripped in a groove in the ice and injured herself. The Zamboni machine used to clean and resurface the ice had broken down prior to the commencement of the skating session during which the claimant was injured, and, therefore, only one-half of the rink had been resurfaced. The claimant asserted at trial that the State was negligent in failing to close off the unresurfaced portion of the ice. The Court of Claims agreed and found the State 60% at fault for the claimant's injuries. We now reverse.
Rink employees who had physically inspected the unresurfaced portion of the ice found it to be safe for skating. There was no evidence to establish that the groove in which the claimant tripped existed prior to the commencement of the skating session which had begun approximately 20 minutes before the claimant fell. Nor was there evidence establishing that the claimant had fallen on the unresurfaced portion of the ice. Finally, it is well established that a person who engages in a sport accepts the known dangers inherent therein (Curcio v City of New York, 275 N.Y. 20, 23-24; Boltax v Joy Day Camp, 113 A.D.2d 859, 861, affd 67 N.Y.2d 617). Accordingly, the claim is dismissed (see, Cohen v Union News Co., 307 N.Y. 628; O'Brien v Midtown Skating Club, 77 A.D.2d 829; Politzer v State of New York, 19 A.D.2d 936). Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.