Opinion
December 14, 1998
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellant.
Whether measured against New Jersey standards (see, NJ Stat Annot §§ 5:14-6, 5:14-7; cf., Calhanas v. South Amboy Roller Rink, 292 N.J. Super. 513, 679 A.2d 185) or those under New York law (see, Morgan v. State of New York, 90 N.Y.2d 471), the injured plaintiff must be deemed to have assumed the risk of losing her balance and falling while roller skating at the appellant's roller skating rink, located in New Jersey (see, Sorice v. Captree Homes, 250 A.D.2d 755; see also, Maddox v. City of New York, 66 N.Y.2d 270). Contrary to the plaintiffs' contentions, their submissions on the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, failed to raise issues of fact with respect to the claim that the appellant enhanced the risks inherent in the sport (see, Kazlow v. City of New York, 253 A.D.2d 411; Loewenthal v. Catskill Funland, 237 A.D.2d 262; cf., Baker v. Briarcliff School Dist., 205 A.D.2d 652).
Miller, J. P., Copertino, Thompson and Friedmann, JJ., concur.