Opinion
November 28, 1994
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion for summary judgment is granted, and the complaint is dismissed.
The record demonstrates that the plaintiff James Greenberg assumed the risk of the injuries which he sustained while voluntarily participating in an intramural hockey game (see, Cassese v. Ramapo Ice Rinks, 208 A.D.2d 488; Bua v. South Shore Skating, 193 A.D.2d 774; see, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Ferraro v. Town of Huntington, 202 A.D.2d 468; Hoffman v. City of New York, 172 A.D.2d 716, 717). Moreover, and contrary to the plaintiffs' contentions, the record failed to establish material questions of fact with respect to the assertion that the defendant breached any duty to James Greenberg in conducting and supervising the game (see, Cassese v. Ramapo Ice Rinks, supra; Kleiner v. Commack Roller Rink, 201 A.D.2d 462; cf., Baker v. Briarcliff School Dist., 205 A.D.2d 652; see also, Wilson v. DeAngelis, 161 A.D.2d 709, 710). Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.