Opinion
June 1, 1998
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed, with costs.
The defendant failed to establish as a matter of law that the accident was caused by a sudden collision common to skating, and not by the reckless actions of another skater which the defendant, by adequate supervision, could have prevented ( see, Fritz v. City of Buffalo, 277 N.Y. 710; Nunez v. Recreation Rooms Settlement, 229 A.D.2d 359; Shorten v. City of White Plains, 224 A.D.2d 515). The Supreme Court therefore properly denied the defendant's motion for summary judgment.
Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.