Opinion
2003-02586.
Decided February 2, 2004.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated March 3, 2003, which denied its motion for summary judgment dismissing the complaint.
Aliano, Aliano Aliano, Westbury, N.Y. (Robert J. Aliano and William Roche of counsel), for appellant.
Parker Waichman (DiJoseph Portegello, P.C. [Arnold E. DiJoseph III] of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., HOWARD MILLER, ROBERT W. SCHMIDT and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The injured plaintiff sustained injuries in a roller skating rink owned by the defendant when she tripped and fell on a metal molding as she attempted to cross from the center square rink to a carpeted area, which separated the center rink from the rest of the oval outer rink. The center square wooden rink was apparently used by beginners.
Contrary to the defendant's contention, a defective metal molding is not a risk inherent in the sport of roller skating ( see Morgan v. State of New York, 90 N.Y.2d 471, 488; Maher v. Recreational Mgt Servs. Corp., 293 A.D.2d 720; Welo v. Union News Co., 263 A.D. 328). Moreover, there is a question of fact as to whether the defendant had constructive notice of the alleged defect ( see DeGiacomo v. Westchester County Healthcare Corp., 295 A.D.2d 395; Barwicki v. Frairs 50th St. Garage, 288 A.D.2d 14). Accordingly, the defendant's motion was properly denied.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.