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Brugnatelli v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 191 (N.Y. App. Div. 2000)

Opinion

Argued October 10, 2000.

November 6, 2000.

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, Westchester County (Donovan, J.), entered June 17, 1999, as granted the motion of the defendants Westchester County and Westchester County Playland Commission for summary judgment dismissing the complaint insofar as asserted against them.

Barr Rosenbaum, LLP, Spring Valley, N.Y. (Craig A. Post of counsel), for appellants.

Alan D. Scheinkman, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Deborah A. Porder of counsel), for respondents.

Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

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

The Supreme Court correctly concluded that the plaintiff Louis Brugnatelli, an experienced amateur ice hockey player, assumed the risks inherent in the sport, including those risks associated with any open and obvious conditions of the ice surface (see, Gillett v. County of Westchester, 274 A.D.2d 547 [2d Dept., July 31, 2000]; Geffen v. City of New York, 271 A.D.2d 487; Lo Piccolo v. Town of Oyster Bay, 260 A.D.2d 606; Fox v. Town of Oyster Bay, 251 A.D.2d 621; Giaimo v. Roller Derby Skate Corp., 234 A.D.2d 340). Accordingly, the Supreme Court properly granted the respondents' motion and dismissed the complaint insofar as asserted against them.


Summaries of

Brugnatelli v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 191 (N.Y. App. Div. 2000)
Case details for

Brugnatelli v. County of Westchester

Case Details

Full title:LOUIS BRUGNATELLI, ET AL., APPELLANTS, v. COUNTY OF WESTCHESTER, ET AL.…

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 191 (N.Y. App. Div. 2000)
715 N.Y.S.2d 870