Opinion
January 14, 1977
Appeal from the Court of Claims.
Present — Marsh, P.J., Moule, Dillon, Goldman and Witmer, JJ.
Judgment unanimously affirmed, without costs. Memorandum: Claimant was injured while operating a snowmobile on the frozen surface of Oneida Lake on January 16, 1972 at about 11:00 P.M. on a dark, moonless night. He was driving about 20 miles per hour, his headlights gave him a visibility of 25 to 30 yards and he needed 25 to 30 yards to stop. He was preceded by another snowmobile which flipped when it struck an unlighted buoy that was attached to an anchor chain and projected up through the ice in the lake. In trying to avoid that snowmobile, claimant sideswiped the buoy and injured his leg. His conduct fell below the standard to which he should have conformed for his own protection (Hunt v Schultz, 21 A.D.2d 743) and the trial court could fairly interpret the evidence so as to conclude that he violated the dictates of ordinary prudence and was guilty of contributory negligence (cf. Halstead v Kennedy Valve Mfg. Co., 36 A.D.2d 1005, affd 31 N.Y.2d 901).